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Daily-static-mcqs 06 Aug 2024
Q1:
Dr. B. R. Ambedkar compared the effect of emergency provisions on the federal structure of India with which country?
A: Britain
B: France
C: Canada
D: United States of America
Answer: D
Explanation:
Dr. B. R. Ambedkar had opposed the inclusion of emergency provisions in the Constitution of India. He believed that these provisions could weaken the federal structure and give excessive powers to the central government. He compared the emergency provisions to the emergency powers present in the United States Constitution. He argued that in the American system, the President could have emergency powers only in the event of war or rebellion. In contrast, the Indian Constitution empowers the President to declare emergency "for any reason". Ambedkar warned that it could be used by the central government to strengthen its powers and curtail the rights of the states. Hence, option (d) is correct.
Q2:
Right to approach the court for enforcement of all fundamental rights when a national emergency is proclaimed gets suspended. Exceptions to this are:
A: Article 15 and Article 16
B: Article 19 and Article 20
C: Article 20 and Article 21
D: Article 21 and Article 22
Answer: C
Explanation:
When a proclamation of national emergency is made, Article 359 empowers the President to suspend the right to move court for enforcement of fundamental rights. However, Articles 20 and 21 (which provide protection against punishment after conviction and life and personal liberty and protection against arrest respectively) cannot be suspended.
Article 15 prohibits discrimination on the basis of religion, caste, sex, place of birth and descent, while Article 16 provides for equal opportunity in matters of public employment. These rights can be suspended during a national emergency.
Article 19 provides freedom of speech, assembly, association, practice of profession and movement. Article 20 provides protection to any accused or convicted person against arbitrary and extrajudicial punishment. Article 19 can be suspended during a national emergency, but not Article 20.
Article 21 provides protection against life and personal liberty and protection against arrest and detention, while Article 22 provides protection against arrest and detention. Article 22 can be suspended during a national emergency, but not Article 21. Hence, option (c) is correct.
Q3:
Which of the following consequences is necessary for the proclamation of the President's rule in a state? 1. Dissolution of local bodies 2. Dissolution of the State Assembly 3. Removal of the Council of Ministers of the State How many of the statements given above are correct?
A: Only one
B: Only two
C: All three
D: None
Answer: A
Explanation:
Under the provisions of Article 356 of the Indian Constitution, President's rule can be declared by the President in the event of failure of the constitutional machinery in the states. When the President's rule is imposed, the Chief Minister and the Council of State Ministers are dissolved. The President can suspend or dissolve the Assembly. If the assembly is dissolved, new elections are held. The President can suspend or dissolve local bodies, but it is not mandatory. Hence, option (a) is correct.
Q4:
Consider the following statements regarding Articles 355 and 356 of the Indian Constitution: 1. Article 355 compels the Center to undertake the duty that every state government will work in accordance with the management system of the Constitution. 2. Under Article 356, the state government is dissolved when President's rule is imposed. 3. President's rule is also called state emergency or constitutional emergency. How many of the statements given above are correct?
A: Only one
B: Only two
C: All three
D: None
Answer: C
Explanation:
Article 355 compels the Center to undertake the duty that every State Government will work in accordance with the management system of the Constitution. To comply with this duty, the Center can take control of the State Government under Article 356 if the constitutional machinery in the State fails. This is commonly known as 'President's Rule'. It is also called 'State Emergency' or 'Constitutional Emergency'. Hence, all three options are correct.
Q5:
Consider the following statements: 1. The President is elected directly by the people. 2. Elected members of both the Houses of Parliament are also involved in the election of the President. Which of the statements given above is/are correct?
A: 1 Only
B: 2 Only
C: Both 1 and 2
D: Neither 1 nor 2
Answer: B
Explanation:
The President is not elected directly by the public but is elected by the members of an electoral college. It includes elected members of the both Houses of Parliament, elected members of the State Legislative Assembly and elected members of the Legislative Assemblies of the Union Territories of Delhi and Puducherry. When an Assembly is dissolved, its members cannot vote in the election of the President. Even in the case when the election of the dissolved Assembly was not held before the election of the President. Hence, statement 1 is incorrect while statement 2 is correct.`