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UPSC Prelims 2018 Q53: Indian Polity – Emergency Provisions

UPSC Prelims 2018, General Studies Paper I · Indian Polity

If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then
  1. (a) the Assembly of the State is automatically dissolved.
  2. (b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
  3. (c) Article 19 is suspended in that State.
  4. (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 GovernmentThe 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 ParliamentThis is option (b) of the question
(c) Make other provisions neededCan suspend parts of the Constitution relating to State bodies, but not the High Court

The four options:

OptionVerdictReason
(a) Assembly is automatically dissolvedIncorrectIt 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 ParliamentCorrectWords of Article 356(1)(b)
(c) Article 19 is suspended in that StateIncorrectArticle 19 is suspended under Article 358 in a National Emergency
(d) The President can make laws relating to that StateIncorrectLaw-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

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

Exam tip

Watch the word 'automatically'. Under Article 356 the Assembly's fate is a choice, and Bommai limits it.

Sources

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