UPSC Prelims 2007 Q50: Indian Polity – Emergency Provisions
Consider the following statements in respect of Financial Emergency under Article 360 of the
Constitution of India:
1. A proclamation of Financial Emergency issued shall cease to operate at the expiration of two
months unless before the expiration of that period it has been approved by resolutions of both
Houses of Parliament.
2. If any proclamation of Financial Emergency is in operation, it is competent for the President of
India to issue directions for the reduction of salaries and allowances of all or any class of persons
serving in connection with the affairs of the Union, but excluding the judges of the Supreme
Court and the High Courts.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (a) 1 only
Explanation
Financial Emergency under Article 360
| Statement | Fact check |
|---|---|
| 1. A Financial Emergency proclamation ceases after 2 months unless approved by both Houses | True — Article 360(2)(c) requires parliamentary approval within two months |
| 2. The President can reduce salaries of all Union-serving persons, EXCLUDING SC/HC judges | False — Article 360(4)(b) explicitly empowers the President to reduce the salaries of Supreme Court and High Court judges too; there is no such exclusion |
Only statement 1 is correct.
Answer: (a) 1 only.
Why each option is right or wrong
- (a) CORRECT. Statement 1 (2-month approval requirement) is true; statement 2 wrongly claims judges are excluded from salary reduction.
- (b) Incorrect. Statement 1 is the true one, not statement 2.
- (c) Incorrect. Statement 2's claimed judicial exclusion is false, so both cannot be correct.
- (d) Incorrect. Statement 1 is true, so it isn't "neither".
Key point
Financial Emergency proclamations require Parliamentary approval within 2 months (Art 360(2)(c)); the President CAN reduce SC/HC judges' salaries too during such an emergency (Art 360(4)(b)) — no exclusion exists.
Remember
During a Financial Emergency, the President CAN reduce salaries of SC/HC judges too — no exclusion under Article 360(4)(b).
Common mistakes
- Assuming judges are always constitutionally shielded from salary reductions, even during a declared Financial Emergency.
- Confusing the Financial Emergency's 2-month approval window with the 1-month window for a National Emergency under Article 352.
- Not reading Article 360(4)(b) closely enough to catch that it explicitly includes, not excludes, judges.
Exam tip
Article 360(4)(b) explicitly allows reducing SC/HC judges' salaries during a Financial Emergency — no exception exists, unlike what the statement claims.
Sources
- Constitution of India — Article 360
- M. Laxmikanth — Indian Polity (Emergency Provisions)