Judicial Review of Emergency Practice Questions
20 free Judicial Review of Emergency practice questions for the Indian Polity. Tap an option to answer — you get instant feedback, the correct answer, and a detailed explanation for every question.
Judicial review of a National Emergency proclamation is primarily based on which constitutional principle?
- A Parliamentary sovereignty
- B Basic Structure Doctrine
- C Directive Principles supremacy
- D Absolute executive discretion
Correct answer: Basic Structure Doctrine
The Basic Structure Doctrine ensures that even constitutional amendments and executive actions like Emergency proclamations are subject to judicial review. It preserves core constitutional values such as democracy and rule of law.
Which Article empowers the President to proclaim a National Emergency?
- A Article 356
- B Article 360
- C Article 352
- D Article 365
Correct answer: Article 352
Article 352 authorizes the President to proclaim a National Emergency on grounds of war, external aggression, or armed rebellion. Such proclamation is subject to parliamentary approval.
The 44th Constitutional Amendment introduced which safeguard regarding judicial review of Emergency?
- A Made Emergency beyond judicial review
- B Allowed review of President’s satisfaction
- C Abolished National Emergency
- D Transferred power to Parliament exclusively
Correct answer: Allowed review of President’s satisfaction
The 44th Amendment made the President’s satisfaction in proclaiming Emergency subject to judicial review. This reduced the scope of arbitrary executive action.
In which landmark case did the Supreme Court uphold the validity of judicial review of Emergency proclamations?
- A ADM Jabalpur v. Shivkant Shukla
- B Minerva Mills v. Union of India
- C S.R. Bommai v. Union of India
- D Kesavananda Bharati v. State of Kerala
Correct answer: S.R. Bommai v. Union of India
In S.R. Bommai v. Union of India, the Supreme Court held that proclamations under Article 356 are subject to judicial review. It emphasized that misuse of Emergency powers can be checked by courts.
Judicial review of President’s Rule under Article 356 was significantly strengthened by:
- A 42nd Amendment
- B 44th Amendment
- C S.R. Bommai judgment
- D First Amendment
Correct answer: S.R. Bommai judgment
The S.R. Bommai case clarified that President’s Rule under Article 356 is subject to judicial scrutiny. Courts can invalidate it if imposed mala fide or without relevant material.
Under which Article can courts review the suspension of enforcement of Fundamental Rights during Emergency?
- A Article 358
- B Article 359
- C Article 32
- D Article 14
Correct answer: Article 32
Article 32 empowers individuals to approach the Supreme Court for enforcement of Fundamental Rights. Even during Emergency, certain rights remain enforceable and subject to judicial review.
Which case is associated with denial of judicial remedy during the 1975 Emergency?
- A ADM Jabalpur case
- B Kesavananda Bharati case
- C Shreya Singhal case
- D Maneka Gandhi case
Correct answer: ADM Jabalpur case
In ADM Jabalpur v. Shivkant Shukla, the Supreme Court held that habeas corpus petitions were not maintainable during Emergency. This judgment was later widely criticized and effectively overturned.
The 38th Constitutional Amendment attempted to:
- A Expand judicial review
- B Make President’s satisfaction final and beyond review
- C Abolish Emergency provisions
- D Strengthen federalism
Correct answer: Make President’s satisfaction final and beyond review
The 38th Amendment sought to make the President’s satisfaction in declaring Emergency final and beyond judicial review. This was later diluted by the 44th Amendment.
Which type of Emergency is explicitly subject to judicial review as per Supreme Court rulings?
- A National Emergency only
- B State Emergency only
- C Financial Emergency only
- D All types of Emergency
Correct answer: All types of Emergency
All Emergency proclamations, including National, State, and Financial Emergencies, are subject to judicial review. Courts can examine their constitutional validity.
The principle that Emergency powers cannot destroy democracy is derived from:
- A Directive Principles
- B Basic Structure Doctrine
- C Parliamentary privilege
- D Article 368 alone
Correct answer: Basic Structure Doctrine
The Basic Structure Doctrine ensures that constitutional amendments or Emergency actions cannot damage essential features like democracy and federalism.
Which Article deals with President’s Rule in states?
- A Article 352
- B Article 356
- C Article 360
- D Article 365
Correct answer: Article 356
Article 356 provides for President’s Rule in case of failure of constitutional machinery in a state. Its misuse is subject to judicial review.
The Supreme Court can invalidate an Emergency proclamation if it finds:
- A Political disagreement
- B Lack of parliamentary debate
- C Mala fide or irrelevant grounds
- D Opposition party protest
Correct answer: Mala fide or irrelevant grounds
Courts can review whether relevant material existed to justify Emergency. If the proclamation is based on mala fide or irrelevant grounds, it can be struck down.
Which Amendment ensured that Articles 20 and 21 remain enforceable during Emergency?
- A 42nd Amendment
- B 44th Amendment
- C 38th Amendment
- D 86th Amendment
Correct answer: 44th Amendment
The 44th Amendment protected Articles 20 and 21 from suspension even during Emergency. This strengthened judicial oversight over executive actions.
Judicial review during Emergency primarily safeguards:
- A Executive supremacy
- B Military authority
- C Constitutionalism and rule of law
- D Foreign policy decisions
Correct answer: Constitutionalism and rule of law
Judicial review ensures that Emergency powers are exercised within constitutional limits. It preserves rule of law and prevents abuse of authority.
Which case overruled the majority view in ADM Jabalpur regarding right to life?
- A Maneka Gandhi case
- B Kesavananda Bharati case
- C Puttaswamy case
- D Golaknath case
Correct answer: Puttaswamy case
In Justice K.S. Puttaswamy v. Union of India, the Supreme Court recognized the right to privacy and criticized ADM Jabalpur. It reaffirmed protection of Article 21.
Judicial review of Emergency reflects which doctrine?
- A Doctrine of eclipse
- B Doctrine of severability
- C Doctrine of limited government
- D Doctrine of collective responsibility
Correct answer: Doctrine of limited government
Judicial review ensures that government powers are limited by the Constitution. It prevents arbitrary use of Emergency provisions.
Under S.R. Bommai, if President’s Rule is declared unconstitutional, the Court can:
- A Dissolve Parliament
- B Restore the state government
- C Proclaim a Financial Emergency
- D Formally amend the Constitution
Correct answer: Restore the state government
The Supreme Court in S.R. Bommai held that if President’s Rule is invalid, the dismissed state government can be restored. This strengthened federal safeguards.
Which Article deals with Financial Emergency?
- A Article 352
- B Article 356
- C Article 360
- D Article 365
Correct answer: Article 360
Article 360 provides for Financial Emergency if financial stability is threatened. It is also subject to judicial review.
Judicial review ensures that Emergency powers do not violate which fundamental feature?
- A Unitary character
- B Basic Structure
- C State monopoly
- D Parliamentary privilege
Correct answer: Basic Structure
The Basic Structure Doctrine limits even constitutional amendments and Emergency powers. Judicial review protects essential constitutional features.
The power of judicial review during Emergency is exercised primarily by:
- A President of India
- B Parliament of India
- C Supreme Court and High Courts
- D National Human Rights Commission
Correct answer: Supreme Court and High Courts
Judicial review is exercised by the Supreme Court under Article 32 and High Courts under Article 226. They ensure Emergency actions comply with constitutional provisions.