Practicing Success

Target Exam

CUET

Subject

Political Science

Chapter

Politics in India Since Independence: Crisis of democratic Order

Question:

This was also the period when the government and the ruling party had many differences with the judiciary. Three constitutional issues had emerged- can the Parliament abridge Fundamental Rights? The Supreme Court said it cannot. Secondly, can the Parliament curtail the right to property by making an amendment? Again, the Court said that Parliament cannot amend the Constitution in such a manner that rights are curtailed. Thirdly, the Parliament amended the Constitution saying that it can abridge Fundamental Rights for giving effect to Directive Principles. But the Supreme Court rejected this provision also. This led to a crisis as far as the relations between the government and the judiciary were concerned. You may remember\ that this crisis culminated in the famous Kesavananda Bharati Case. In this case, the Court gave a decision that there are some basic features of the Constitution and the Parliament cannot amend these features. Two developments further added to the tension between the judiciary and the executive.

Which of the following statement regarding the Emergency is incorrect?

Options:

It was declared in 1975 by Indira Gandhi.

It led to the suspension of all fundamental rights

It was proclaimed on grounds of deteriorating economic conditions.

The Communist Party of India supported the proclamation of the Emergency.

Correct Answer:

It was proclaimed on grounds of deteriorating economic conditions.

Explanation:

 On 25 June 1975, the government declared that there was a threat of internal disturbances and therefore, it invoked Article 352 of the Constitution. Under the provision of this article the government could declare a state of emergency on grounds of external threat or a threat of internal disturbances. The government decided that a grave crisis had arisen which made the proclamation of a state of emergency necessary. Technically speaking this was within the powers of the government, for our Constitution provides for some special powers to the government once an emergency is declared.