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State Emergency or President Rule - Polity, UPSC IAS Examination Video Lecture | Polity and Constitution (Prelims) by IAS Masters
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FAQs on State Emergency or President Rule - Polity, UPSC IAS Examination Video Lecture - Polity and Constitution (Prelims) by IAS Masters
| 1. What is the difference between a state emergency and President's rule? |  |
Ans. A state emergency refers to a situation in which the normal functioning of a state is disrupted due to factors such as internal strife, external aggression, or failure of constitutional machinery. During a state emergency, the state government is temporarily suspended, and the President takes over the administration of the state through the Governor. On the other hand, President's rule, also known as the imposition of Governor's rule, is the suspension of the state government and the imposition of direct central government rule in a state due to constitutional breakdown or failure of the state machinery.
| 2. When can a state emergency be imposed? | |
Ans. A state emergency can be imposed under Article 356 of the Indian Constitution when the President is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. This can occur due to reasons such as a breakdown of law and order, political instability, or any other circumstances that hinder the functioning of the state government.
| 3. How long does a state emergency last? | |
Ans. A state emergency initially lasts for a period of six months. However, it can be extended for a maximum period of three years, provided it is approved by both houses of Parliament. If the emergency continues beyond three years, it can only be extended for a maximum period of one year at a time, with subsequent approval from both houses of Parliament.
| 4. What is the role of the President during a state emergency? | |
Ans. During a state emergency, the President assumes control over the administration of the state through the Governor. The President can issue directions to the state government on various matters and can also take necessary steps to protect the interests of the state. However, it is important to note that the President's powers during a state emergency are limited to the extent necessary to restore normalcy and constitutional governance in the state.
| 5. Can the imposition of President's rule be challenged in court? | |
Ans. Yes, the imposition of President's rule can be challenged in court. Any person aggrieved by the imposition of President's rule can approach the High Court or the Supreme Court for appropriate legal remedies. The court can review the decision to impose President's rule and determine its legality and constitutional validity.
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