Emergency & Amendments — UPSC Prelims Polity previous year questions

Items I and II need ratification by at least half of the State Legislatures. Item III does not.
Article 368(2) lists the matters that need ratification.
Item I is covered. Changes to any of the three Lists in the Seventh Schedule need ratification.
Item II is covered. The extent of the executive power of a State (Article 162) needs ratification.
Item III is not covered. Changing the conditions of the Governor's office needs only a special majority in Parliament.
So I and II only are correct.
Remember: Federal matters need ratification by half of the States, as listed in Article 368(2).

Source: Constitution of India, Art. 368(2) proviso and Art. 162

Article 368(1) gives Parliament power to amend the Constitution by way of addition, variation or repeal of any provision. All three methods are named in the Article.
So options that leave out any one of them are wrong. Parliament uses this power within the limits of the Basic Structure.
Remember: Kesavananda Bharati (1973) held that amendments cannot destroy the basic structure.

Source: Constitution of India, Art. 368

Statement 1 is incorrect. A Constitution Amendment Bill can be introduced by a Minister or a private member without the President's prior recommendation.
Statement 2 is correct. The 24th Amendment, 1971 made Presidential assent compulsory in Article 368(2).
Statement 3 is correct. Each House must pass it by a special majority. A joint sitting is not allowed for such Bills.
So 2 and 3 only are correct.
Remember: Article 368 sets out the amendment procedure.

Source: Constitution of India, Art. 368

Under Article 356(1)(b), the powers of the State Legislature become exercisable by or under the authority of Parliament.
The Assembly is not automatically dissolved. It may be kept in suspended animation.
Article 19 is suspended only under Article 358, during a National Emergency.
The President cannot himself make laws for the state. Parliament makes them, though the President may make regulations when Parliament is not in session.
Remember: President's Rule needs parliamentary approval within two months.

Source: Constitution of India, Art. 356

Statement 1 is not necessarily a consequence. The Assembly may be kept in suspended animation instead of being dissolved.
Statement 2 is a consequence. The President removes the Council of Ministers and the Governor runs the State.
Statement 3 is not a consequence. Local bodies keep working because the 73rd and 74th Amendments protect them.
So 1 and 3 are not necessarily consequences.
Remember: Article 356 deals with President's Rule.

Source: Constitution of India, Art. 356

Statement 1 is correct. Article 360(2)(a) requires approval of both Houses within two months.
Statement 2 is incorrect. Article 360(4)(a)(ii) allows salary reduction for all or any class of persons serving the Union.
Judges of the Supreme Court and High Courts are expressly included in this class.
So the words 'excluding the Judges' make the statement wrong.
Remember: No financial emergency has been declared in India so far.

Source: Constitution of India, Art. 360

Statement 1 is correct. Articles 371A to 371I give special provisions to Nagaland, Assam, Manipur, Andhra Pradesh, Sikkim, Mizoram, Arunachal Pradesh and Goa.
Statement 2 is incorrect. India has single citizenship. The USA has dual citizenship, of the Union and of the State.
Statement 3 is incorrect. Under Section 10 of the Citizenship Act 1955, a naturalised citizen can be deprived of citizenship, for example if it was obtained by fraud.
So only statement 1 is correct.
Remember: Article 371A was added in 1962 for Nagaland.

Source: Previous year paper; answer key cross-checked against published sources

The 7th Amendment (1956) fixed the maximum elected strength from the States at 500.
The 31st Amendment (1973) raised it to 525.
The other pairs deal with different subjects, such as Union territories, language and the Preamble.
Remember: The present limit is 530 from States and 20 from Union Territories.

Source: Constitution of India, Art. 81; 7th and 31st Amendments

The 44th Amendment (1978) added a proviso to Article 74(1).
It allows the President to ask the Council of Ministers to reconsider its advice once.
After reconsideration, the President must act on the advice given.
The 42nd Amendment had made the President bound by the advice. The 44th softened this.
The 39th and 40th Amendments do not deal with this.
Remember: The President can return advice once, but cannot reject it the second time.

Source: Constitution of India, Art. 74(1) proviso; 44th Amendment Act, 1978

Art. 83(2) fixes the Lok Sabha's term at five years.
During a proclamation of Emergency, Parliament may extend it by law for one year at a time. The extension cannot go beyond six months after the Emergency ends.
It can be extended in this way, so the first option is wrong.
The six-month option and the two-year option are not in the Constitution.
Remember: The Lok Sabha's term was extended in 1976 under the 42nd Amendment.

Source: Constitution of India, Art. 83(2)

Article 368 says an amendment Bill can be introduced only in either House of Parliament.
So the Lok Sabha and the Rajya Sabha can initiate it. Statement 1 and 2 are correct.
State legislatures cannot introduce amendment Bills. Statement 3 is incorrect.
The President cannot initiate one. The President only gives assent. Statement 4 is incorrect.
Remember: No special convention or joint sitting is allowed for constitutional amendment Bills.

Source: Constitution of India, Art. 368

Assertion (A) is false. Reserving seats in Parliament and State Legislatures needs a Constitutional amendment, because Articles 81, 170, 330 and 332 fix seat reservations.
Reason (R) is true. Parties may voluntarily give a share of their tickets to women without any amendment.
So (A) is false but (R) is true.
Update (2026): The 106th Amendment (2023) inserted Articles 330A and 332A for 33% women's reservation. It applies after delimitation based on the first Census after its commencement.

Source: Constitution of India, Art. 330, 332; Constitution (106th Amendment) Act, 2023

Article 368(2) proviso lists matters needing ratification by half of the States.
Statement 1 is correct. Election of the President (Articles 54, 55) is covered.
Statement 2 is correct. Representation of States in Parliament is covered.
Statement 3 is correct. Any of the Lists in the Seventh Schedule is covered.
Statement 4 is incorrect. Abolition of a Legislative Council is done under Article 169 by a simple law of Parliament, with no ratification.
Remember: Federal features need ratification by half of the State legislatures.

Source: Constitution of India, Arts. 368, 169

The Constitution provides three forms of Emergency. These are the National Emergency (Article 352), the State Emergency or President's Rule (Article 356), and the Financial Emergency (Article 360).
There is no provision for a Health Emergency in the Constitution.
Remember: No Financial Emergency has been declared so far.

Source: Constitution of India, Art. 352, 356 and 360

Statement 2 is incorrect. A joint sitting under Article 108 is only for ordinary Bills. A Constitution Amendment Bill must be passed by each House separately.
Option 1 is correct as Article 368(2) lays down the procedure. Option 3 is correct as only Parliament can initiate an amendment. Option 4 is correct as no prior sanction of the President is needed to introduce the Bill.
Remember: Ratification by half of the State legislatures is needed only for federal features.

Source: Constitution of India, Art. 368 and 108

After the 44th Amendment, 1978, Article 352 allows a National Emergency on grounds of war, external aggression or armed rebellion.
The earlier ground 'internal disturbance' was removed. So internal disturbance is not a valid ground now.
Remember: The President acts only on the written advice of the Union Cabinet.

Source: Constitution of India, Art. 352; Constitution (44th Amendment) Act, 1978

A matches 3. The 38th Amendment (1975) put the President's emergency declaration beyond judicial review.
B matches 4. The 44th Amendment (1978) removed property from Fundamental Rights.
C matches 1. The 61st Amendment (1988) lowered the voting age.
D matches 2. The 42nd Amendment (1976) added 'Socialist', 'Secular' and 'Integrity' to the Preamble.
So the correct code is 3-4-1-2.
Remember: The 44th Amendment later restored judicial review of Emergency.

Source: Constitution of India; 38th, 42nd, 44th and 61st Amendment Acts

Constitutional amendments are made under Article 368. So A matches 4.
The Finance Commission is set up under Article 280. So B matches 3.
Financial Emergency is declared under Article 360. So C matches 1.
All India Services are created under Article 312. So D matches 2.
The correct code is 4 3 1 2.
Remember: Financial Emergency has never been declared in India.

Source: Constitution of India, Arts. 280, 312, 360, 368

A matches 3. The 97th Amendment, 2011 made forming cooperative societies a Fundamental Right under Article 19(1)(c).
B matches 1. The 81st Amendment, 2000 allowed carrying forward of unfilled SC/ST reserved vacancies (Article 16(4B)).
C matches 4. The 99th Amendment, 2014 created the National Judicial Appointments Commission. The Supreme Court struck it down in 2015.
D matches 2. The 91st Amendment, 2003 limited the Council of Ministers to 15 percent of the House.
So the code is 3 1 4 2.
Remember: The 91st Amendment also tightened the anti-defection law.

Source: Constitution of India: Articles 16(4B), 19(1)(c), 75(1A), 164(1A); 81st, 91st, 97th, 99th Amendment Acts

Statement (i) is accepted as correct. The President's satisfaction must rest on real material showing failure of constitutional machinery.
Statement (ii) is correct. In S.R. Bommai (1994), the Supreme Court held the Proclamation is open to judicial review.
Statement (iii) is incorrect. Bommai held the Assembly cannot be dissolved until Parliament approves the Proclamation. Until then it can only be suspended.
Statement (iv) is correct. Article 356(3) needs approval of both Houses within two months.
Remember: Maximum duration is three years with periodic approval.

Source: Constitution of India: Article 356; S.R. Bommai v Union of India (1994)