Practice Questions from Important Judgments for CLAT (Constitutional Laws)
Passage:
In a significant political development, the Union Government has imposed President’s Rule in Manipur, citing a breakdown of law and order as ethnic tensions escalated into violence. This decision, enacted under Article 356 of the Indian Constitution, has drawn considerable attention and criticism, particularly concerning its implementation and the transparency surrounding it. Chief Minister N. Biren Singh confirmed the imposition of President’s Rule, invoking Article 355, which allows the central government to assume control over state affairs in cases where the governance of the state is threatened.
Critics have lambasted the government’s approach, highlighting a lack of clarity and consultation prior to the imposition, raising questions about the democratic process and the autonomy of state governance. The imposition of President’s Rule is often a contentious issue in Indian politics, leading to debates about federalism and the extent of central intervention in state matters. While the central government argues that such measures are necessary to restore order and ensure governance, opponents contend that they may undermine democratic institutions and local governance.
As Manipur grapples with ongoing unrest, it is imperative for the central government to not only restore stability but also engage transparently with local communities and stakeholders. Addressing the underlying causes of conflict will be crucial to achieving long-term peace and restoring democratic norms in the state. The actions taken during this period will likely shape the future of governance in Manipur and set a precedent for central-state relations in India.
1. The imposition of a State Emergency in India is governed under which Article of the Constitution?
- A) Article 352
- B) Article 356
- C) Article 360
- D) Article 357
2. Under which of the following circumstances can a State Emergency be proclaimed?
- A) When the financial stability of the state is threatened.
- B) When the government in a state cannot be carried on in accordance with the provisions of the Constitution.
- C) When there is a breakdown of law and order in the state.
- D) Both B and C
3. If a State Emergency is imposed in a state, which of the following powers does the President NOT have?
- A) To assume control of the state’s administration.
- B) To legislate on behalf of the state assembly.
- C) To dissolve the state assembly immediately.
- D) To appoint the Chief Minister of the state.
4.During a State Emergency, if the Governor of the state is exercising powers conferred by the President, who is accountable for the Governor’s actions?
- A) The Prime Minister
- B) The Chief Minister
- C) The President
- D) The Governor himself
5. Which landmark case established the principle that the satisfaction of the President in proclaiming a State Emergency is not justiciable?
- A) Minerva Mills v. Union of India
- B) Keshavananda Bharati v. State of Kerala
- C) S.R. Bommai v. Union of India
- D) State of Rajasthan v. Union of India
6. What is the maximum duration for which a State Emergency can be proclaimed without parliamentary approval?
- A) 3 months
- B) 6 months
- C) 1 year
- D) Indefinitely
7. Which of the following actions can the President NOT take during a State Emergency?
- A) Extend the legislative powers of the Parliament to cover the state.
- B) Dismiss the state government.
- C) Dissolve the state assembly without consultation.
- D) Assume direct control of the administration.
8. In which of the following situations would a State Emergency be justified under Article 356?
- A) A political party loses a majority in the assembly.
- B) A natural disaster causes widespread disruption.
- C) The state government is unable to maintain law and order due to violent protests.
- D) A Governor’s rule is declared in the state.
9. If a State Emergency is declared and the legislative assembly is dissolved, which of the following is a necessary step for the restoration of normalcy?
- A) The Parliament must pass a new law.
- B) The President must revoke the proclamation and call for fresh elections.
- C) The Supreme Court must approve the dissolution.
- D) The Chief Minister must request the President to restore the assembly.
10. The Supreme Court held in which case that the imposition of President’s Rule must be based on objective material, and subjective satisfaction cannot be a ground for its imposition?
- A) Rameshwar Prasad v. Union of India
- B) Kuldip Nayar v. Union of India
- C) State of Rajasthan v. Union of India
- D) S.R. Bommai v. Union of India
Answer Key with Explanations:
- B) Article 356
Explanation: Article 356 empowers the President to impose President’s Rule in a state if he is satisfied that the governance in the state cannot be carried on in accordance with the provisions of the Constitution.
- D) Both B and C
Explanation: A State Emergency under Article 356 can be proclaimed when the state government cannot function as per constitutional provisions (B), or when there is a breakdown of law and order (C), which effectively prevents constitutional governance.
- D) To appoint the Chief Minister of the state
Explanation: During President’s Rule, the President assumes functions of the state government and the powers of the legislature, but does not appoint a Chief Minister since the council of ministers stands dissolved.
- C) The President
Explanation: The Governor acts on behalf of the President during President’s Rule and is accountable to the President for all actions taken in that capacity.
- D) State of Rajasthan v. Union of India
Explanation: In State of Rajasthan v. Union of India (1977), the Supreme Court held that the President’s satisfaction under Article 356 is largely political and not subject to judicial review. However, this position was later refined in S.R. Bommai.
6. B) 6 months
Explanation: A proclamation under Article 356 must be approved by both Houses of Parliament within 6 months; otherwise, it ceases to operate.
- C) Dissolve the state assembly without consultation
Explanation: The President can suspend or assume the functions of the state assembly but typically dissolves it only after consulting the Governor or receiving a recommendation from the Union Cabinet.
- C) The state government is unable to maintain law and order due to violent protests
Explanation: A breakdown of constitutional machinery, including failure to maintain law and order, can justify the imposition of President’s Rule.
- B) The President must revoke the proclamation and call for fresh elections
Explanation: Normalcy is restored only when the President revokes the emergency proclamation and fresh elections are conducted to form an elected government.
- D) S.R. Bommai v. Union of India
Explanation: In S.R. Bommai v. Union of India (1994), the Supreme Court held that the President’s satisfaction is subject to judicial review and must be based on objective material evidence, not arbitrary or subjective grounds.
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Adtiya Aryan
Contributing author
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