Section 5 of the Factories Act, 1948 lets the government exempt a factory from provisions of the Act during a public emergency, but this is a narrow safety valve in a law otherwise meant to protect workers, and the Supreme Court's decision in Gujarat Mazdoor Sabha v. State of Gujarat set out exactly how narrow that valve is.
The judgment reads Section 5 strictly: an actual threat to the security of the State, limited to war, external aggression or internal disturbance, and never a general power to override labour protections for administrative convenience.
The correct answer is All the above statements are correct.
Step 1: Recall the post–44th Amendment text of Article 352.
The Forty-fourth Amendment Act, 1978 replaced “internal disturbance” with “armed rebellion”. Hence, after 1978, the three grounds are: war, external aggression, or armed rebellion.
Step 2: Eliminate options using the current text.
(A) includes “internal disturbance” ⇒ incorrect post-44th.
(B) introduces “financial instability” (not a ground) ⇒ incorrect.
(C) exactly matches the amended Article 352 ⇒ correct.
(D) mixes “armed rebellion” with the obsolete “internal disturbance” ⇒ incorrect.
Step 3: Conclude.
Therefore, \(\boxed{\text{(C)}}\) is the only option aligned with Article 352 as amended.
This question asks which set of grounds is provided under Article 352 of the Constitution as it stands today, after the changes made by the Constitution (Forty-fourth Amendment) Act, 1978, for the President to proclaim an emergency.
Reading the amended text of Article 352 against each option shows that only the third option, war, external aggression or armed rebellion, reflects the law as it stands since 1978.
So the correct answer is war or external aggression or armed rebellion.
Step 1: What changed in 1978?
The 44th Amendment added a safeguard: the President can issue a Proclamation of Emergency only on the basis of the written advice of the Cabinet (i.e., Council of Ministers with the Prime Minister at the head, of Cabinet rank). The requirement is about who advises and that it be in writing.
Step 2: Test each option.
(A) Only the Prime Minister ⇒ fails the Cabinet-in-writing requirement ⇒ wrong.
(B) Prior approval by both Houses is not a pre-condition to issuance (Parliamentary approval comes after issuance within the prescribed period) ⇒ wrong.
(C) Mirrors the Amendment’s safeguard — Cabinet decision & written communication to the President ⇒ correct.
(D) Approval by half the State Legislatures relates to constitutional amendments under Article 368, not emergency proclamations ⇒ wrong. Step 3: Conclusion.
The only option that reflects the 44th Amendment safeguard is \(\boxed{\text{(C)}}\).
This question is about the specific procedural safeguard that the Constitution (Forty-fourth Amendment) Act, 1978 built into Article 352, governing whose advice the President must act on before issuing a Proclamation of Emergency.
Matching each option against the actual text of Article 352(3) shows the requirement is Cabinet-level written advice, nothing more and nothing less.
So the correct answer is Council of Ministers of Cabinet rank, communicated to the President in writing.
Step 1: Understanding “internal disturbance.”
The Commission used “internal disturbance” in a broad, factual sense (short of external aggression), covering serious breakdowns of public order/peace and similar disorders that may require Union assistance under Article 355.
Step 2: Option-wise analysis.
(A) Financial exigency is a separate constitutional concept (e.g., Article 360 — Financial Emergency) and not cited as an instance of “internal disturbance” in this context ⇒ incorrect.
(B) Breaches of public peace fall squarely within internal disturbance/public order problems ⇒ correct.
(C) Inefficient administration (mere maladministration) does not, by itself, equal internal disturbance ⇒ incorrect.
(D) Since (B) is correct, “None of the above” is incorrect.
Step 3: Final selection.
Therefore, \(\boxed{\text{(B)}}\) best matches the Sarkaria Commission’s illustrations.
Article 355 places a duty on the Union to protect every State against external aggression and internal disturbance, and to ensure that the government of every State is carried on in accordance with the Constitution. This question asks what the Sarkaria Commission identified as falling within "internal disturbance" for this purpose.
Of the four options, only breaches of public peace matches the kind of situation the Sarkaria Commission had in mind when it explained the scope of internal disturbance under Article 355.
So the correct answer is breaches of public peace.
Step 1: Scope of “external aggression” in Article 355.
In Sarbananda Sonowal, the Court interpreted “external aggression” broadly to include non-military threats if they undermine the security and integrity of the nation — such as large-scale illegal immigration from another country.
Step 2: Applying to options.
(A) Matches the judgment — illegal migrants from other countries can amount to external aggression ⇒ correct.
(B) Migration from within India is an internal movement of citizens and not “external aggression” ⇒ incorrect.
(C) Restricts “external aggression” only to war-like military acts — the judgment broadened beyond that ⇒ incorrect.
(D) Incorrect because (A) is correct.
Step 3: Conclusion.
\(\boxed{\text{(A)}}\) reflects the Supreme Court’s expanded interpretation.
This question is about how the Supreme Court, in Sarbananda Sonowal v. Union of India, read the term "external aggression" in Article 355 in the specific context of illegal migration into Assam.
The Sonowal judgment is specifically remembered for widening external aggression under Article 355 to include large-scale illegal migration from outside India, which is what the first option describes.
So the correct answer is large-scale cases of illegal migrants from other countries.
Step 1: Definition in Section 5.
A “public emergency” under Section 5 means a grave emergency threatening the security of India or part thereof, whether by war, external aggression or internal disturbance. The threat must be to security, not just economic well-being.
Step 2: Court’s findings in GMS.
The Court held that economic slowdown — even if severe — does not meet the security threat standard in the definition. The pandemic did not amount to war, external aggression, or internal disturbance threatening security. Hence: (i) Incorrect — slowdown alone is not “public emergency”.
(ii) Incorrect — it was not similar to national emergency situations.
(iii) Incorrect — economic slowdown is not “internal disturbance” under Section 5.
Step 3: Conclusion.
Since all three statements are incorrect, \(\boxed{\text{(D)}}\) is the correct choice.
This question is based on the Supreme Court's decision in Gujarat Mazdoor Sabha v. State of Gujarat, which examined whether the COVID-19 pandemic and the resulting lockdown amounted to a "public emergency" under the Explanation to Section 5 of the Factories Act, 1948, a status that would let the State exempt factories from the normal limits on working hours.
The Supreme Court's finding was that economic hardship from the pandemic and lockdown, however real, does not meet the security-threat standard Section 5's Explanation demands, so all three statements fail.
So the correct answer is none of the above statements are correct.
Step 1: Distinguishing “law and order” from “public order.”
The Court held that “law and order” is a broader term, but “public order” focuses on the disturbance’s impact on the community. The nature of the act alone is insufficient; the effect on public tranquillity and the even tempo of life is crucial.
Step 2: Applying to the given options.
(A) Correct — nature of act alone is not decisive; context matters.
(B) Correct — disturbance of public tranquillity is a key factor.
(C) Correct — whether the community’s normal life continues undisturbed is part of the test.
Step 3: Conclusion.
Since all three are correct, \(\boxed{\text{(D)}}\) is the answer.
This question draws on Ram Manohar Lohia v. State of Bihar and Arun Ghosh v. State of West Bengal, where the Supreme Court explained how to tell whether a disturbance affects mere "law and order" or rises to the level of a "public order" problem.
Ram Manohar Lohia and Arun Ghosh, read together, establish that the nature of the act alone is not decisive, that the degree of disturbance to public tranquillity matters, and that the even tempo of community life is the ultimate touchstone, all three at once.
So the correct answer is all the above.
The Supreme Court has indicated that matters that affect public order are to be determined:
i. By looking at the nature of the act, how violent it is irrespective of its context.
ii. The degree and effect any action has on the life of the community.
iii. By consideration of factors related to the maintenance of law and order.
Step 1: Understanding the “public order” test.
The Court considers multiple factors: the nature of the act (how violent or disruptive), the degree of effect on the community, and relation to maintenance of law and order.
Step 2: Option-wise analysis.
(i) Correct — violence level is relevant even before considering broader context.
(ii) Correct — assessing the degree/effect on community life is essential.
(iii) Correct — factors tied to law and order maintenance are part of the evaluation.
Step 3: Conclusion.
All statements are valid tests, so \(\boxed{\text{(D)}}\) is correct.
This question asks which of the three statements correctly describe how the Supreme Court decides whether an act disturbs "public order" as opposed to mere "law and order". Statement i deals with the nature and violence of the act, statement ii deals with its effect on community life, and statement iii ties the test to the maintenance of law and order. Each option below claims a different combination of these three statements to be correct, so each option must be checked against what the Court has actually laid down.
Since the public order test is not a single-factor test but a composite one, all three statements need to be read together rather than picking one or two in isolation.
So the correct answer is All the above statements are correct.
Step 1: Court’s ruling in GMS.
The Court found that Section 5’s emergency exemption could not be invoked without meeting the “public emergency” threshold. The CoVID-19 economic slowdown was insufficient to trigger such emergency powers.
Step 2: Applying to statements.
(i) Incorrect — the pandemic was not considered a “grave emergency” under Section 5.
(ii) Correct — issuing the exemption without satisfying statutory conditions violated the rule of law.
(iii) Correct — denying overtime pay for extended hours breached the principle of just and humane working conditions under labour laws and constitutional directives.
Step 3: Conclusion.
Only (ii) and (iii) are correct ⇒ \(\boxed{\text{(C)}}\).
This question is about the Gujarat Mazdoor Sabha case, where the Supreme Court examined a state government notification that used the emergency exemption under the Factories Act, 1948 to extend daily working hours to twelve hours without paying overtime, during the CoVID-19 lockdown period. The three statements test whether the pandemic justified this move, and if not, what legal principles the exemption violated. Each option combines these statements differently, so each needs separate scrutiny.
The Court's actual finding was that the pandemic-related economic slowdown fell short of the statutory threshold for a public emergency, and that extending hours without overtime pay violated both the rule of law and the constitutional promise of humane conditions of work.
So the correct answer is Only ii and iii are correct.
Step 1: Purpose of double wage rate for overtime.
The overtime provision is both a compensatory and a protective measure. It recognises that extended work hours impose additional strain, which requires fair monetary compensation (i).
Step 2: Health and stamina aspect.
Continuous long hours can degrade workers’ health; the provision helps them maintain proper health and stamina by discouraging excessive overtime unless fairly rewarded (ii).
Step 3: Anti-exploitation safeguard.
By mandating double wages, the law deters employers from overusing labour purely for cost-saving purposes, thus protecting workers from exploitation (iii).
Step 4: Conclusion.
All three rationales are correct ⇒ \(\boxed{\text{(A)}}\).
This question asks why the Factories Act, 1948 fixes overtime wages at double the normal rate instead of leaving it at the ordinary rate or some smaller premium. The three statements offer three different justifications, compensating extra strain, preserving health and stamina, and preventing exploitation, and the options ask which of these are actually behind the rule.
All three justifications work together: double wages compensate the worker for added strain, discourage overwork that would harm health and stamina, and guard against employers using overtime to exploit labour cheaply.
So the correct answer is i, ii, and iii are correct.