APSC Mains 2023-24 General Studies (GS2) Paper-II

APSC Mains 2022-24 General Studies (GS-2) Paper-II

General Studies-II (Governance, Constitution, Polity, Social Justice and international relations)
 
 
Full Marks: 250                                                                                                        Time: 3 hours
 
1. Discuss how ‘Lakhpati Didi’ scheme aligns with the broader mission of poverty
alleviation and socio-economic empowerment of women. (Answer in 150 words) 10
2. “The social value of COVID-19 vaccine exceeds its market value.” Critically
analyze the statement. (Answer in 150 words) 10
 
3. “India’s participation in global agreements on human rights reflects
its commitment to promoting a just and equitable world order.” (Answer in 150 words) 10

4. Discuss this statement with reference to India’s involvement in international
agreements and bodies. Evaluate India’s approach to human rights issues at
the global level. (Answer in 150 words) 10
 
5. Discuss the significant differences between colonial civil service and the
civil service of independent India. Analyze the role of civil service as agents of
change in contemporary India. (Answer in 150 words) 10
 
6. What is Bhutan’s plan for regional economic hub at Gelephu? In what
manner is Assam going to be benefitted by this hub? (Answer in 150 words) 10
 
7. Can State funding of elections bring in transparency in the poll process?
How do the other democracies handle this issue? (Answer in 150 words) 10
 
8. Do you think fencing of India-Myanmar border is an effective step to
check terrorist activities and drugs trafficking? Justify your answer in
the light of the Centre’s decision to fence the porous India-Myanmar border.
(Answer in 150 words) 10
 
9. “Constitutional bodies in India need to ‘fulfil the role of watchdog of democracy while keeping themselves out of executive interference.” Discuss this statement while critically evaluating the functioning of the Comptroller and Auditor General (CAG)of India. (Answer in 150 words) 10
 
10. “Bureaucracy is not an obstacle to democracy, but an inevitable complement
to it.” Evaluate this statement in the light of criticisms suggesting that
bureaucracy fails to facilitate change. (Answer in 150 words) 10
 
11. “The recently passed ‘Forest (Conservation) Amendment Bill, 2023’ seeks
to balance the case of forest conservation with the requirement of strategic
infrastructure development.” Discuss the possible impact of such interventions in the States of North-East India. (Answer in 250 words) 15
 
12. “The increasing use of artificial intelligence (AI) is expected to fundamentally
transform the ways in which governance is done in India.” Discuss the
challenges to be faced in this regard. (Answer in 250 words) 15
 
13. Examine the impact of developed countriesimmigration policies on India’s
skilled workforce and diaspora communities. Analyze how visa regulations and
skilled immigration programmes in countries like the United States and Canada
affect India’s brain drain and diaspora engagement. (Answer in 250 words) 15
 
14. “In an era of shifting geo-political alliances, particularly after the COVID-19
pandemic, the influence of developed and developing countries’ policies
on India’s.strategic interest demands nuanced examination.” Analyze the multifaceted impact of evolving foreign policies and the political dynamics of major powers on India’s national security and regional stability. Provide recent
examples and propose innovative diplomatic strategies to safeguard India’s
interest amidst global uncertainties. (Answer in 250 words) 15
 
15. “Good governance is considered a key to achieving sustainable development
and human well-being.” Evaluate this assertion with reference to the initiatives
undertaken by the Government of India in realizing the Sustainable
Development Goals (SDGs). (Answer in 250 words) 15
 
16. What is Quadrilateral Security Dialogue (Quad)? Elucidate the opportunities
of India under Quad arrangement. (Answer in 250 words) 15
 
17. “Toparaphrase Mark Twain, if you don’t watch news, you will be uninformed, if
you do, you will be misinformed.” In the context of this statement, assess the
role of Indian media as the fourth pillar of democracy. (Answer in 250 words) 15
 
18. Describe the salient features of the Flag Code of India, 2002.
(Answer in 250 words) 15
 
19. “Right to dissent is the lifeline of democracy.” Explain. (Answer in 250 words) 15
 
20. What is ‘Mission Karmayogi‘? Analyze its effectiveness in bringing civil service reforms through a capacity-building approach. (Answer in 250 words) 15

APSC Research Assistant 2021 Question Paper – Analysis of Indian Polity & Current Events Questions

Research Assistant in Planning Services under Transformation & Dev Dept, Assam Govt 2021 Qs Paper – Analysis of Indian Polity & Current Events Questions

 

Indian Polity Section

Q1. PMGSY, a programme of the Government of India, deals with

(A) rural employment generation

(B) rural electrification

(C) rural road development

(D) urban employment generation



Q5. AMRUT, launched by the Government of India, stands for

(A) Alternative Methods for Reforms and Urban Transport

(B) Alternative Mission for Rejuvenation and Urban Transport

(C) Atal Mission for Reforms and Urban Transformation

(D) Atal Mission for Rejuvenation and Urban Transformation



Q7. The Eighth Schedule of the Constitution deals with

(A) the list of regional languages

(B) the Fundamental Rights

(C) the Directive Principles of State Policy

(D) All of the above



Q8. Protection of which of the following is a fundamental duty in India?

(A) Village Panchayat

(B) Scheduled Castes and Scheduled Tribes

(C) National Flag

(D) Wildlife

 

Q9. According to the Constitution of India, which of the following right cannot be taken away during Emergency?

(A) Right to speak

(B) Right to freedom of movement

(C) Right to life

(D) Right to organize

Q10. By which Constitutional Amendment Bill was the voting age reduced from 21 years to 18 years?

(A) 28th

(B) 48th

(C) 57th

(D) 61st

 

Q11. A candidate for the Office of the President of India should not be less than

(A) 25 years

(B) 30 years

(C) 35 years

(D) 40 years



Q12. No Money Bill can be introduced in the Legislative Assembly of the State, except on the recommendation of

(A) the Parliament

(B) the Governor of the State

(C) the President of India

(D) a Special Committee of MPs



Q53. Which of the following is/was neither a statutory body nor a constitutional body?

(A) SEBI

(B) RBI

(C) Planning Commission of India

(D) Finance Commission of India



Q60. The scheme Support for Marginalized Individuals for Livelihood and Enterprise (SMILE) is being implemented by 

(A) Ministry of Rural Development

(B) Ministry of Tribal Affairs

(C) Ministry of social Justice and Empowerment

(D) Ministry of Youth Affairs and Sports



Q61. Which of the following Articles gives the idea of a Uniform Civil Code?

(A) Article 44

(B) Article 45

(C) Article 46

(D) Article 47



Q71. The PRASAD scheme is associated with 

(A) Inbound tourism

(B) Theme-based tourist circuits

(C) Promotion of adventure tourism

(D) Sites of religious significance

 


Current Events

Q46. Which State has won 7 TRIFED Van Dhan Awards, 2021?

Sikkim

Nagaland

Arunachal Pradesh

Himachal Pradesh



Q47. Which of the following cities is selected by the UNESCO under the UCCN programme in 2021?

Srinagar

Jaipur

Chennai

Mumbai

 

Q50. In which year was the Assam Mission on Malnutrition launched?

2020

2021

2019

2022

 

Q62. Which of the following States is not a top performer in the LEARS Index, 2021?

Gujarat

Haryana

Punjab

Maharashtra

 

Q82. As per the NITI Aayog Health Index, 2021, which of the following States is among the top three ranking States in terms of annual incremental performance?

West Bengal

Andhra Pradesh

Assam

Karnataka

 

Q83. How many airports had been operationalized under the UDAN scheme in Assam till November, 2020?

3

4

5

6



Q99. Who among the following has been awarded the Jnanpith Award for the year 2021?

Damodar Mouzo

Nilmani Phookan

Ravindra Kalekar

Pundalik Naik

 

APSC CCE Prelim 2020 GS Paper – Indian Polity & Governance sections Question Analysis

APSC CCE Prelim 2020 General Studies (GS) Paper-1 Questions Analysis

Questions from Indian Polity & Governance sections

Go to APSC CCE Prelim Previous Years Paper Analysis 

APSC prelims questions

Q3. As per the 2011 census, how many gaon panchayats are there in Assam?

  1. 2005
  2. 2100
  3. 2202
  4. 2305

Correct Option: (C) 2202

Assam is administratively divided into 33 district with 80 sub-division, 219 Development Blocks and 2202 Gaon Panchayats, out of which 3 districts with 4 sub-divisions & 16 Development Blocks are under three hill districts of Karbi-Along, East Karbi-Along & Dima Hasao. Further, four district with eight sub-divisions are under Bodoland Territorial Council (BTC) area viz Kokrajhar, Chirang, Baska & Udalguri. The Brahmaputra valley consists of North Bank Plains Zone (NBPZ), Upper Brahmaputra valley Zone (UBVZ), Central Brahmaputra valley Zone (CBVZ) and Lower Brahmaputra Valley Zone (LBVZ), whereas the Barak Valley Zone mainly consists of plain area of three districts, viz. Cachar, Karimganj & Hailakandi.

Topic to focus: Self-Government in Assam

Growth of Local Self-Government in Assam

Panchayat Raj System in Assam, Assam Panchayat Act, 1994 (Self Governance)

 

Q9. Which of the following Articles empower the Governor to appoint the Chairman and other members of a State Public Service Commission?

  1. Article 314
  2. Article 315
  3. Article 316
  4. Article 317

Correct Option: (C) Article 316

Article 316 in The Constitution Of India: The Chairman and other members of a Public Service Commission shall be appointed, in the case of the Union Commission or a Joint Commission, by the President, and in the case of a State Commission, by the Governor of the State.

Topic to focus: UPSC & State Public Service Commission

About Assam Public Service Commission (APSC) – AssamExam

Q10. Who was the first Speaker of the Lok Sabha of Indian Parliament?

  1. Hukum Singh
  2. K.S. Hegde
  3. M.A. Ayyangar
  4. G.V. Mavalankar

Correct Option: (D) G.V Mavalankar

Ganesh Vasudev Mavalankar (27 November 1888 – 27 February 1956) popularly known as Dadasaheb was an independence activist, the President (from 1946 to 1947) of the Central Legislative Assembly, then Speaker of the Constituent Assembly of India, and later the first Speaker of the Lok Sabha, the lower house of the Parliament of India. His son Purushottam Mavalankar was later elected to the Lok Sabha twice from Gujarat.

Topic to focus: Origin of Indian Parliament

 

Q11. Who was India’s Prime Minister when the government introduced the modern Panchayati Raj system by the 73rd Constitutional Amendment Act and gave it constitutional status?

  1. P.V. Narasimha Rao
  2. Vishwanath Pratap Singh
  3. Atal Bihari Vajpayee
  4. Chandra Shekhar

Correct Option: (A) P.V. Narasimha Rao

It was under P.V. Narasimha Rao that the 73rd Constitutional Amendment Act, better known as the Panchayati Raj Act, became effective.

Topic to focus: Important Constitutional Amendments

 

Q12. Which among the following schedules of Indian Constitution is related to division of powers between Union and States?

  1. Schedule VIII
  2. Schedule VII
  3. Schedule XI
  4. Schedule XIVI

Correct Option: (B) Schedule VII

The Seventh Schedule to the Constitution of India defines and specifies allocation of powers and functions between Union & States. It contains three lists; i.e. 1) Union List, 2) State List and 3) Concurrent List.[1] Originally there was 97 subjects in union list but now it is 100 subjects in union list. And in state list there was 66 subjects but now it is 61 subjects. And in concurrent list there was 47 subjects but now it iss 52 subjects in concurrent list.

Topic to focus: Federalism & Centre-State relations 

 Q14. When did the 1st amendment of the Indian Constitution take place?

  1. June 18, 1951
  2. June 18, 1952
  3. July 18, 1953
  4. July 18, 1954

Correct Option: (A) 18 June 1951

The Constitution (First Amendment) Act, 1951, enacted in 1951, made several changes to the Fundamental Rights provisions of the Indian constitution. It provided means to restrict freedom of speech and expression, validation of zamindari abolition laws, and clarified that the right to equality does not bar the enactment of laws which provide “special consideration” for weaker sections of society.

The formal title of the amendment is the Constitution (First Amendment) Act, 1951. It was moved by the then Prime Minister of India, Jawaharlal Nehru, on 10 May 1951 and enacted by Parliament on 18 June 1951.

Topic to focus: Important Constitutional Amendments

 

Q16. Under Art 368, the Parliament has no power to repeal fundamental rights because they are

  1. Integral part of basic structure of the constitution.
  2. Integral part of human rights
  3. Enshrined under Part III
  4. All of the above

Correct Option: (A) Integral part of basic structure of the Constitution

In the landmark Kesavananda Bharati case (1973, while defining the concept of the basic structure doctrine, the SC held that although no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s amending power, the “basic structure of the Constitution could not be abrogated even by a constitutional amendment.”

Topic to focus: Constitution of India

 

Q17. The concept of dual citizenship in the Union of India to the ‘Persons of Indian Origin’ belonging to some specific countries was recommended by

  1. Ashok Mehta Committee
  2. L.M. Singhvi Committee
  3. Rajamannar Committee
  4. Balwant Rai Mehta Committee

Correct Option: (B) L. M Singhvi Committee

Topic to focus: Citizenship provision

 

Q18. Equal opportunity in matters of employment is guaranteed under Article?

  1. 14
  2. 15
  3. 16
  4. 17

Correct Option: (C) Article 16

Article 16 is provided to all citizens of the country. Article 16 covers the following aspects:-

  • There shall be equality of opportunity for all citizens in matters relating to employment or appointment to any office under the state.

  • No discrimination on basis of religion, race, caste, sex, descent, place of birth, residence or any of them in respect of office/employment under the state.

  • Parliament can make laws in regard to class/classes of employment or appointment of office prior to such employment or appointment.

  • State can make provision for reservation of appointment or post in favour of any backward class.

  • State can also do a reservation for promotion and consequential seniority of SC, STs.

  • State can make the separate classes of vacancies from the unfilled vacancies of year for determining the ceiling of 50% of reservation on total vacancy.

Topic to focus: Important Articles of the Indian Constitution

 

Q19. Which of the following Fundamental Rights are available only to citizens of India?

  1. Right to equality of opportunity in matters of public employment
  2. Equality before Law
  3. Right to freedom of religion
  4. Right to freedom under Article 19
  1. 1, 2, 3 and 4
  2. 1 and 4
  3. 1, 2 and 3
  4. 2 and 4

Correct Option: (B) 1 and 4

Fundamental rights available to both citizens and foreigners except enemy aliens

  • Article 14 – Equality before the law and equal protection of laws.
  • Article 20 – Protection in respect of conviction for offences.
  • Article 21 – Protection of life and personal liberty.
  • Article 21A – Right to elementary education.
  • Article 22 – Protection against arrest and detention in certain cases.
  • Article 23 – Prohibition of traffic in human beings and forced labour.
  • Article 24 – Prohibition of employment of children in factories etc.
  • Article 25 – Freedom of conscience and free profession, practice and propagation of religion.
  • Article 26 – Freedom to manage religious affairs.
  • Article 27 – Freedom from payment of taxes for promotion of any religion.
  • Article 28 – Freedom from attending religious instruction or worship in certain educational institutions.

Fundamental Rights Available Only to Citizens of India

  • Article 15 – Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth.
  • Article 16 – Equality of opportunity in matters of public employment.
  • Article 19 – Protection of six rights related to freedom – (a) of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (f) to practice any profession, or to carry on any occupation, trade or business.
  • Article 29 – Protection of language, script and culture of minorities.
  • Article 30 – Right of minorities to establish and administer educational institutions.

Topic to focus: Fundamental Rights

Fundamental Rights (Articles 12-35) – Polity Notes for APSC – AssamExam

Source of Answer

The State shall not deny to any person equality before the law or the equal protection of the laws within the territory of India.

16.2.4 Right to Freedom of Religion

As you know, one of the objectives declared in the Preamble is “to secure to all

its citizens liberty of belief, faith and worship”. Since India is a multi-religion country, where Hindus, Muslims, Sikhs, Christians and many other communities live together, the Constitution declares India as a ‘secular state’. It means that Indian State has no religion of its own. But it allows full freedom to all the citizens to have faith in any religion and to worship, the way they like. But this should not interfere with the religious beliefs and ways of worship of other fellow beings. This freedom is available to the foreigners as well.

Q20. In the Indian Constitution, the method of election of the President is taken from which country?

  1. Ireland
  2. England
  3. USA
  4. Australia

Correct Option: (A) Ireland

Topic to focus: Election of President of India

List of Borrowed Features of Indian Constitution – Polity Notes for APSC Exam – AssamExam

Q21. As per the tripartite Assam Accord signed among GoI, Assam Govt and leaders of Assam agitation on 15th August 1985, what was set up as the cutoff date for detection and deportation of illegal migrants in Assam?

  1. 1st January 1951
  2. 15th August 1967
  3. 26th January 1970
  4. 24th March 1971

Correct Option: (D) 24th March, 1971

Topic to focus: Political issues in Assam

Assam Accord (1985) – Assam Polity Notes – AssamExam


Q30. The Department of Act East Policy Affairs under the government of Assam
was set up in

  1. 2012
  2. 2015
  3. 2017
  4. 2020

Correct Option: (C) The Department of Act East Policy Affairs (AEPA) of the Assam Government has been set up in 2017.

Topic to focus: Policies/Legislations wrt Assam & Northeast

 

Q13. The concepts of ‘Integral Humanism’ and ‘Antyodaya’ were associated with which of the following visionary thinkers of India?

  1. Shyama Prasad Mukherjee
  2. Mahatma Gandhi
  3. Deendayal Upadhyay
  4. Atal Bihari Vajpayee

Correct Option: (C) Deendayal Upadhyaya

Integral humanism was a set of concepts drafted by Deendayal Upadhyaya as a political program and adopted in 1965 as the official doctrine of the Jan Sangh and later BJP.

APSC Mains 2020 Political Science & International Relations (PSIR) Paper I

APSC Mains 2020 Political Science & International Relations (PSIR) Paper I

145 Marks from Adhikary Education’s APSC Mains Test Series 2020 – PSIR

145 marks worth Questions were asked in APSC CCE (Main) 2020 – Political Science and International Relations (PSIR) Paper 1 which were asked in our APSC Mains Test Series 2020 (Pol. Sc. Optional). This is a testimony to our continuous efforts to provide the best quality materials for the APSC Prelims and Mains Exam 2020 to assist better preparation of the aspirants. 

APSC CCE (Main) 2020 Political Science and International Relations (PSIR) - Paper I

Section-A

Q1. Comment on the following in about: 150 words each:   10×5=50

(a) Neo-liberal critique of welfare State.
Question from our APSC Mains Political Science Test Series Test 1: Q18

(b) Universalism and cultural relativism in human rights

(c) Sri Aurobindo’s views on cultural nationalism

Question from our APSC Mains Political Science Test Series Test 1: Q4

(d) Aristotle’s theory of revolution

(e) Limits of representative democracy

Q2. (a) Explain John Locke’s concept of natural rights as a limitation or the power of the government. 20

(b) Explain the communitarian critique of the Rawls theory of justice.    15

Question from our APSC Mains Political Science Test Series Test 1: Q9

(c) Discuss feminist theory of the State Advanced Studies. 15

Question from our APSC Mains Political Science Test Series Test 1: Q14

Q3. (a) Bring out the major similarities and differences in the thought of Gandhi and Ambedkar on the questions of caste and modernity. 20

Question from our APSC Mains Political Science Test Series Test 1: Q6 partial

(b) Examine the relationship between power, authority and legitimacy. 15

Question from our APSC Mains Political Science Test Series  Test 1: Q13 partial

(c) Explain Gramsci’s concept of hegemony. 15

Question from our APSC Mains Political Science Test Series Test 1: Q10

Q4. (a) Discuss the recent trends in Marxist understanding of domination and exploitation in capitalist society. 20

Question from our APSC Mains Political Science Test Series Test 3: Q1 partial

(b) Discuss Hannah Arendt’s views on the origin of totalitarianism. 15

(c) Explicate Plato’s theory of ideal State with special reference to his views on the rule of philosopher king. 15

Question from our APSC Mains Political Science Test Series Test 3: Q3

Section-B

Q5. Comment on the following in about 150 words each: 10×5=50

(a) Significance of public interest litigation (PIL) in Indian justice delivery system

(b) The Armed Forces Special Powers Act and civil liberties

(c) Role of the President in the working of the Parliamentary system of the Government in India

(d) Significance of 73rd and 74th Amendments of the Constitution of India

Question from our APSC Mains Political Science Test Series Test 3: Q10 partial

(e) Marxist perspective on Indian National Movement

Q6. (a) “In attaining our ideals, our means should be as pure as the end.” Discuss the statement in connection with the Indian Freedom Struggle. 20

(b) Evaluate the success of the Election Commission of India in ensuring free and fair elections. 15

(c) Examine the Gandhian perspective of development and its relevance in the present context. 15

Question from our APSC Mains Political Science Test Series Test 3: Q9 indirect

Q7. (a) “Indian politics is both coalitional and regionalized.” Discuss the contemporary trends in Indian party system in the light of the above statement. 20

(b) Discuss the role of caste in Indian politics with special reference to the views of Rajni Kothari. 15

Question from our APSC Mains Political Science Test Series Test 5: Q3 partial

(c) “The nature of Indian federalism can be better understood in terms of its actual operation..” Comment. 15

Question from our APSC Mains Political Science Test Series Test 1: Q7 & Test 3: Q4

Q8. (a) Discuss the debate over updation of the National Register of Citizens and Citizenship (Amer.dment) Act, 2019 in the context of Assam. 20

(b) Explain the response of Indian State in handling the COVID 19 pandemic. 15

(c) Examine the role of the Indian Parliament in the era of coalition politics. 15

 

total of questions worth 145 Marks in APSC CC(Mains) Exam 2020 – Polity Paper 1, were matched with the questions of our APSC Mains Political Science Test Series.

Emergency Provisions in the Indian Constitution – Indian Polity Notes for APSC Exam

Emergency Provisions in the Indian Constitution

Indian Polity Notes for APSC, UPSC and State Exams

Go To Indian Polity & Governance Notes                          Go To Assam Polity Notes

A state of emergency in India can be proclaimed by the President of India during certain crisis situations. Under the advice of the cabinet of ministers, the President can overrule many provisions of the Constitution, which guarantees Fundamental Rights to the citizens of India.

Articles 352 to 360 in Part XVIII of the Constitution of India deals with the emergency provisions. These are given to deal with exceptional circumstances like war or rebellion and to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution.

The emergency provisions are influenced by the German constitution. These provisions turns India’s federal structure into a more unitary one.

Emergency provisions in Indian Constitution

A state of emergency is a period of governance that can be proclaimed by the President of India during certain crisis situations. 

The emergency provisions are contained in Part XVIII of the Constitution of India, from Article 352 to 360.

The rationality behind the incorporation is to safeguard the sovereignty, unity, integrity and security of the country, the democratic political system and the Constitution.

The Constitution stipulates three types of emergencies-

  1. National Emergency
  2. Constitutional Emergency
  3. Financial Emergency

National emergency 

Under Article 352, the president can declare a national emergency when the security of India or a part of it is threatened by war or external aggression or armed rebellion.

The President can declare a national emergency even before the actual occurrence of war or armed rebellion or external aggression

When a national emergency is declared on the grounds of ‘war’ or ‘external aggression’, it is known as ‘External Emergency’. Whereas when it is declared on the grounds of ‘armed rebellion’, it is known as ‘Internal Emergency’. This term ‘armed rebellion’ is inserted from the 44th amendment, by replacing ‘internal disturbance’.

The proclamation of emergency must be approved by both the houses of parliament within one month from the date of its issue.

Parliamentary approval

The proclamation of emergency must be approved by both the houses of parliament within one month from the date of its issue. However, if the proclamation of emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution takes place during the period of one month without approving the proclamation, then the proclamation survives until 30 days from the first sitting of Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.

If approved by both the houses, the Emergency continues for 6 months and can be extended to an indefinite period with an approval of the Parliament for every six months.

Revocation of proclamation

A proclamation of Emergency may be revoked by the President at any time by a subsequent proclamation. Such proclamation does not require parliamentary approval.

The emergency must be revoked if the Lok Sabha passes a resolution by a simple majority disapproving its continuation.

Effects on the centre-state relations

While a proclamation of Emergency is in force, the normal fabric of the Centre-State relations undergoes a basic change. this can be studied under three heads:
Executive: Centre becomes entitled to give executive directions to a state on ‘any’ matter

  • Legislative: The parliament becomes empowered to make laws on any subject mentioned in the state list, the president can issue ordinances on State subjects also, if the parliament is not in session.
  • Financial: the president can modify the constitutional distribution of revenues between the centre and the states.
Effect on the life of the Lok Sabha and State Assembly

While a proclamation of National Emergency is in operation, the life of the Lok Sabha may be extended beyond the normal term for one year at a time. However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.

Similarly, the Parliament may extend the normal tenure of a state Legislative Assembly by one year each time during a national emergency, subject to a maximum period of six months after the emergency has ceased to operate.

Effect on fundamental rights

Suspension of Fundamental rights under Article 19: According to Article 358, when a proclamation of National Emergency is made, the six fundamental rights under article 19 are automatically suspended.

The 44th Amendment Act laid out that Article 19 can only be suspended when the National Emergency is laid on the grounds of war or external aggression and not in the case of armed rebellion.

Suspension of other Fundamental Rights: Under Article 359, the President is authorised to suspend, by order, the right to move any court for the enforcement of Fundamental Rights during a National Emergency. Thus, remedial measures are suspended and not the Fundamental Rights.

The 44 Amendment Act mandates that the President cannot suspend the right to move the court for the enforcement of Fundamental Rights guaranteed by Article 20 and 21.

This type of emergency has been proclaimed three times so far.

  1. The first proclamation of National Emergency was issued in October 1962 on account of Chinese aggression in the North-East Frontier Agency (Union Territory of Arunachal Pradesh and some parts of Assam)
  2. The second proclamation of National Emergency was made in December 1971 during the attack by Pakistan.
  3. The third proclamation of National Emergency was made in June 1975.

 

Constitutional Emergency OR President’s Rule

Article 355 imposes a duty on the centre to ensure that the government of every state is carried on in accordance with the provisions of the constitution. The Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in a state.

The president’s ruler can be proclaimed under Article 356 on two grounds

Article 356 empowers the President of India to issue a proclamation if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the constitution.

Article 365 says that whenever a state fails to comply with or to give effect to any direction from the centre, it will be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the constitution.

Parliamentary approval

A proclamation imposing president’s rule must be approved by both the houses of parliament within two months from the date of its issue. However, if the proclamation of President’s rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided that the Rajya Sabha approves it in the meantime.

Effects of President’s rule

The President acquires various extraordinary powers when the President’s rule is imposed in a state.

He can take up the functions of the state government and powers vested in the governor or any other executive authority in the state.

He can declare that the powers of the state legislature are to be exercised by the parliament.

He can take all other necessary steps including the suspension of the constitutional provisions relating to any body or authority in the state.

Judicial review

The 38th Amendment act of 1975 made the satisfaction of the President in invoking Article 356 final and conclusive which would not be challenged in any court on any ground. This provision was deleted by the 44th Amendment Act of 1978 implying that the satisfaction of the President is not beyond judicial review.

 

Financial Emergency

Article 360 empowers the president to proclaim a Financial Emergency if he is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.

Parliamentary approval

A proclamation declaring financial emergency must be approved by both the Houses of Parliament within two months from the date of its issue. However, if the proclamation of Financial Emergency is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved it.

Once approved by both the houses, the Financial Emergency continues indefinitely till it is revoked.

Effects of Financial Emergency
  • Extension of the executive authority of the Union over the financial matters of the States.
  • Reservation of all money bills or other financial bills for the consideration of the President after they are passed by the legislature of the State.
  • Reduction of salaries and allowances of all or any class of persons serving in the State.
  • Direction from the President for the reduction of salaries and allowances of all or any class of persons serving the Union; and the judges of the Supreme Court and the High Courts.

Financial emergency has not been imposed in India yet.