Fill in the blanks: During a Financial Emergency, the salaries of judges can be reduced by the ________.
- (a)President
- (b)PM
- (c)Chief Justice
- (d)Finance Commission
Answer
Why
Correct — A. Article 360(4)(b) applies while a Proclamation of Financial Emergency is in operation.
Clause (b) makes it competent for the President to issue directions reducing the salaries and allowances of persons serving the Union, including the Judges of the Supreme Court and the High Courts.
The clause opens 'Notwithstanding anything in this Constitution', which lets it override the usual bar in Article 125(2) on varying a judge's allowances to his disadvantage. Option (a).
Why the others are wrong
- (b)PM — The text names the President, not the Prime Minister. The Council of Ministers headed by the PM aids and advises the President under Article 74, but the power in Article 360(4)(b) is the President's.
- (c)Chief Justice — The Chief Justice heads the judiciary whose pay would be cut. Article 360 gives the Chief Justice no role in issuing these directions; that power sits with the President.
- (d)Finance Commission — The Finance Commission (Article 280) recommends how tax proceeds are shared between the Union and the States, and the principles for grants-in-aid. It issues no directions on anyone's salary.
Concept
The Constitution provides for a national emergency (Article 352), for failure of constitutional machinery in a State (Article 356) and for a financial emergency (Article 360).
A financial emergency may be proclaimed when the President is satisfied that the financial stability or credit of India, or of any part of it, is threatened.
While it lasts, the Union can direct States on financial propriety, require State money bills to be reserved for the President, and cut the pay of Union and State employees, judges included.
The approval windows differ. A financial emergency lapses after two months unless both Houses approve it (Article 360(2)(c)). A national emergency lapses after one month (Article 352(4)).
Key facts
- Article 360(4)(b): during a financial emergency the President may direct a cut in the salaries and allowances of Union employees, including Supreme Court and High Court judges.
- A Proclamation under Article 360 ceases to operate after two months unless approved by resolutions of both Houses of Parliament.
- Clause (5) of Article 360, inserted by the 38th Amendment (1975) to make the President's satisfaction final, was omitted by the 44th Amendment (1978).
- A financial emergency has never been proclaimed in India.
Study next
Common traps
- Choosing the Prime Minister because the government decides in practice: the Constitution names the President.
- Confusing the Finance Commission (Article 280, tax sharing) with the financial emergency (Article 360).
Emergency provisions also appear at 12 Sep 2025, 16:00, GA Q.15, on the approval window for a national emergency (keyed 1 month), and at 19 Sep 2024, 16:00, GA Q.13, where Article 360 is a distractor for President's Rule (keyed Article 356).
Related PYQs
No directly related past PYQ was found.