Articles Flashcards
(16 cards)
What is a National Emergency as per Article 352?
An emergency due to war, external aggression, or armed rebellion.
Inserted by 44th CA ACT, replacing the original term ‘internal disturbances’.
What are the two types of emergencies defined in Article 352?
External Emergency (war and external aggression) and Internal Emergency (armed rebellion).
What is President’s Rule or State Emergency as per Article 356?
Imposed due to failure of the Constitution Machinery.
In India, President’s rule is the suspension of state government and imposition of direct Union government rule in a state.
If a state fails to comply with or give effect to directions given by the Union (under various articles like Article 256), the President may interpret this as a failure of constitutional machinery and invoke Article 356.
What grounds can Article 356 be imposed on?
Can be imposed on two grounds.
What is a Financial Emergency as per Article 360?
When the government of a state cannot be carried on in accordance with the provisions of the Constitution.
What does Article 365 state?
The state fails to comply with or to give any direction to the center.
What is the condition for initiating impeachment of the Indian President?
The only condition is the violation of the constitution.
The Indian Constitution contains no definition of violation of the constitution.
Who can initiate the impeachment charges against the President?
The Lok Sabha can initiate the impeachment charges, but the Rajya Sabha can also initiate them.
What is the first step in the impeachment process?
Lok Sabha initiates an impeachment charge.
How are the impeachment charges defined?
The impeachment charges are defined by one-fourth of the members of the Lok Sabha.
What happens after the charges are defined?
A notice is given to the President of India.
What majority is required for Lok Sabha to pass the impeachment charges?
A two-third majority is required.
What does Lok Sabha do after passing the impeachment charges?
It sends the charges to Rajya Sabha for investigation.
What is the role of Rajya Sabha in the impeachment process?
Rajya Sabha investigates the charges.
Does the President have any rights during the proceedings in Rajya Sabha?
Yes, the President has the right to sit in the proceedings.
What happens if Rajya Sabha agrees to the charges?
Rajya Sabha passes the charges with a two-third majority, and the President stands removed.
