UPSC Prelims 2018 Q53: Indian Polity – Emergency Provisions
If the President of India exercises his power as provided under Article 356 of the
Constitution in respect of a particular State, then
- (a) the Assembly of the State is automatically dissolved.
- (b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
- (c) Article 19 is suspended in that State.
- (d) the President can make laws relating to that State.
Answer: (b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
Explanation
Effect of President's Rule under Article 356
When the President issues a proclamation under Article 356, he may do three things.
| Step under Article 356(1) | Meaning |
|---|---|
| (a) Take over the functions of the State Government | The Governor runs the State on the President's behalf |
| (b) Declare that the powers of the State Legislature shall be exercisable by or under the authority of Parliament | This is option (b) of the question |
| (c) Make other provisions needed | Can suspend parts of the Constitution relating to State bodies, but not the High Court |
The four options:
| Option | Verdict | Reason |
|---|---|---|
| (a) Assembly is automatically dissolved | Incorrect | It may be suspended or dissolved; in S.R. Bommai (1994) the Court said it can be dissolved only after Parliament approves the proclamation |
| (b) Powers of the Legislature exercisable by or under the authority of Parliament | Correct | Words of Article 356(1)(b) |
| (c) Article 19 is suspended in that State | Incorrect | Article 19 is suspended under Article 358 in a National Emergency |
| (d) The President can make laws relating to that State | Incorrect | Law-making passes to Parliament; the President can do so only if Parliament delegates it under Article 357 |
Answer: (b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
Why each option is right or wrong
- (a) Incorrect. The Assembly is not automatically dissolved; it may be kept in suspended animation.
- (b) CORRECT. Article 356(1)(b) gives the State Legislature's powers to Parliament.
- (c) Incorrect. Article 19 is suspended under Article 358 during a National Emergency, not under Article 356.
- (d) Incorrect. The power passes to Parliament; the President needs delegation under Article 357.
Key point
Article 356: President takes over State executive; State Legislature's powers go to Parliament; Assembly suspended or dissolved; approval in 2 months, 6 months at a time, maximum 3 years.
Remember
President's Rule: State Legislature's powers go to Parliament.
Common mistakes
- Assuming the Assembly is always dissolved; it is often only suspended.
- Mixing up Article 356 with the National Emergency, where Article 19 is suspended.
- Thinking the President makes State laws directly; Parliament does, or delegates it.
Exam tip
Watch the word 'automatically'. Under Article 356 the Assembly's fate is a choice, and Bommai limits it.
Sources
- Constitution of India — Articles 356, 357 and 358
- S.R. Bommai v. Union of India (1994) — Supreme Court of India