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Consider the following statements in respect of financial emergency under Article 360 of the Constitution of India:
1. A proclamation of financial emergency issued shall cease to operate at the expiration of two months unless before the expiration of that period. The resolutions have been approved by both Houses of Parliament.
2. If any proclamation of financial emergency is in operation, it is competent for the President of India to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union but excluding the Judges of the Supreme Court and the High Courts.
Which of the statements given above is/are correct?
- a)Both 1 and 2
- b)2 only
- c)1 only
- d)Neither 1 nor 2
Correct answer is option 'A'. Can you explain this answer?
Consider the following statements in respect of financial emergency under Article 360 of the Constitution of India:
1. A proclamation of financial emergency issued shall cease to operate at the expiration of two months unless before the expiration of that period. The resolutions have been approved by both Houses of Parliament.
2. If any proclamation of financial emergency is in operation, it is competent for the President of India to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union but excluding the Judges of the Supreme Court and the High Courts.
Which of the statements given above is/are correct?
a)
Both 1 and 2
b)
2 only
c)
1 only
d)
Neither 1 nor 2
|
Ojasvi Mehta answered |
A proclamation of financial emergency issued shall cease to operate at the expiration of two months unless before the expiration of that period. The resolutions have been approved it by both Houses of Parliament.
Consider the following statements.1. National emergency can be declared even if the security of India is not in threat, but there is a case of imminent danger.2. The operation of National Emergency always applies to the whole of Indian Territory.Which of the above is/are correct?- a) 1 only
- b) 2 only
- c) Both 1 and 2
- d) None
Correct answer is option 'A'. Can you explain this answer?
Consider the following statements.
1. National emergency can be declared even if the security of India is not in threat, but there is a case of imminent danger.
2. The operation of National Emergency always applies to the whole of Indian Territory.
Which of the above is/are correct?
a)
1 only
b)
2 only
c)
Both 1 and 2
d)
None
|
Vijay Kumar answered |
- Under Article 352, the President can declare a national emergency when India's security or a part of it is threatened by war or external aggression or armed rebellion.
- It may be noted that the president can declare a national emergency even before the actual occurrence of war or external aggression or armed rebellion if he is satisfied that there is an imminent danger.
A proclamation of national emergency may apply to the entire country or only a part of it. The 42nd Amendment Act of 1976 enabled the president to limit a National Emergency operation to a specific part of India.
Consider the following statements.Assertion (A): The constitution authorises the President to suspend the right to move any court to enforce certain Fundamental Rights during a National Emergency.Reason (R): All fundamental rights are automatically suspended with a proclamation of National Emergency.In the context of the above, which of these is correct? - a) A is correct, and R is an appropriate explanation of A.
- b) A is correct, but R is not an appropriate explanation of A.
- c) A is correct, but R is incorrect.
- d) A is incorrect, but R is correct.
Correct answer is option 'C'. Can you explain this answer?
Consider the following statements.
Assertion (A): The constitution authorises the President to suspend the right to move any court to enforce certain Fundamental Rights during a National Emergency.
Reason (R): All fundamental rights are automatically suspended with a proclamation of National Emergency.
In the context of the above, which of these is correct?
a)
A is correct, and R is an appropriate explanation of A.
b)
A is correct, but R is not an appropriate explanation of A.
c)
A is correct, but R is incorrect.
d)
A is incorrect, but R is correct.
|
Deepa Iyer answered |
- Article 359 authorises the President to suspend the right to constitutional remedies to enforce Fundamental Rights during a National Emergency.
- This means that under Article 359, the Fundamental Rights are not suspended, but only their enforcement. The rights are theoretically alive, but the right to seek remedy is suspended.
The suspension of enforcement relates to only those Fundamental Rights that are specified in the Presidential Order. It does not apply to all fundamental rights. So, R is wrong.
Article 355 of the Indian Constitution provides that 'It shall be the Union's duty to protect every State against external aggression and internal disturbance'. This shows the
- a)Federal character of the Indian constitution
- b)Unity and territorial integrity of India
- c)Democratic character of Indian polity
- d)Quasi-federal Character of Indian polity
Correct answer is option 'B'. Can you explain this answer?
Article 355 of the Indian Constitution provides that 'It shall be the Union's duty to protect every State against external aggression and internal disturbance'. This shows the
a)
Federal character of the Indian constitution
b)
Unity and territorial integrity of India
c)
Democratic character of Indian polity
d)
Quasi-federal Character of Indian polity
|
Prasenjit Chauhan answered |
Explanation:
Quasi-Federal Character of Indian Polity:
Article 355 of the Indian Constitution provides that 'It shall be the Union's duty to protect every State against external aggression and internal disturbance'. This provision reflects the Quasi-federal character of the Indian polity.
Definition of Quasi-Federal:
Quasi-federal refers to a political system in which power is shared between the central government and the state government, but the central government has more powers than the state government.
Explanation of the answer:
The Indian Constitution establishes a federal system of government, where powers are shared between the central government and the state government. However, the Constitution provides for a strong central government that has more powers than the state government. This feature makes the Indian polity a Quasi-federal system.
Article 355 of the Indian Constitution gives the Union government the power to protect every state against external aggression and internal disturbance. This provision shows that the Union government has more powers than the state government, and the Constitution provides for a strong central government.
Conclusion:
In conclusion, the provision of Article 355 of the Indian Constitution reflects the Quasi-federal character of the Indian polity. The Indian Constitution establishes a federal system of government, but the central government has more powers than the state government.
Quasi-Federal Character of Indian Polity:
Article 355 of the Indian Constitution provides that 'It shall be the Union's duty to protect every State against external aggression and internal disturbance'. This provision reflects the Quasi-federal character of the Indian polity.
Definition of Quasi-Federal:
Quasi-federal refers to a political system in which power is shared between the central government and the state government, but the central government has more powers than the state government.
Explanation of the answer:
The Indian Constitution establishes a federal system of government, where powers are shared between the central government and the state government. However, the Constitution provides for a strong central government that has more powers than the state government. This feature makes the Indian polity a Quasi-federal system.
Article 355 of the Indian Constitution gives the Union government the power to protect every state against external aggression and internal disturbance. This provision shows that the Union government has more powers than the state government, and the Constitution provides for a strong central government.
Conclusion:
In conclusion, the provision of Article 355 of the Indian Constitution reflects the Quasi-federal character of the Indian polity. The Indian Constitution establishes a federal system of government, but the central government has more powers than the state government.
Which of these is/are major points of differences between National emergency and President's rule?
1. Slate governments are automatically dismissed on the President's Rule's application, which may not be the case in a National Emergency.
2. There is no maximum period prescribed for the President's rule, unlike the National emergency, which ceases after a year.
3. A Parliamentary resolution approving National Emergency needs to be passed by a simple majority, whereas a special majority in the President's rule.
Select the correct answer using the codes below,
- a)1 only
- b)2 and 3 only
- c)1 and 3 only
- d)2 only
Correct answer is option 'A'. Can you explain this answer?
Which of these is/are major points of differences between National emergency and President's rule?
1. Slate governments are automatically dismissed on the President's Rule's application, which may not be the case in a National Emergency.
2. There is no maximum period prescribed for the President's rule, unlike the National emergency, which ceases after a year.
3. A Parliamentary resolution approving National Emergency needs to be passed by a simple majority, whereas a special majority in the President's rule.
Select the correct answer using the codes below,
a)
1 only
b)
2 and 3 only
c)
1 and 3 only
d)
2 only
|
Manisha Chauhan answered |
Major Points of Differences between National Emergency and President's Rule:
1. Dismissal of State Governments:
- In President's Rule, state governments are automatically dismissed on its application.
- This may not be the case in a National Emergency.
2. Maximum Period:
- There is no maximum period prescribed for the President's Rule.
- In contrast, a National Emergency ceases after a year.
3. Parliamentary Resolution:
- A Parliamentary resolution approving National Emergency needs to be passed by a simple majority.
- On the other hand, a special majority is required for the President's rule.
Therefore, the correct answer is option 'A', which states that major points of differences between National Emergency and President's Rule are 1 only.
1. Dismissal of State Governments:
- In President's Rule, state governments are automatically dismissed on its application.
- This may not be the case in a National Emergency.
2. Maximum Period:
- There is no maximum period prescribed for the President's Rule.
- In contrast, a National Emergency ceases after a year.
3. Parliamentary Resolution:
- A Parliamentary resolution approving National Emergency needs to be passed by a simple majority.
- On the other hand, a special majority is required for the President's rule.
Therefore, the correct answer is option 'A', which states that major points of differences between National Emergency and President's Rule are 1 only.
Consider the following statements about the effects of the President's Rule in states.1. The state legislative assembly continues to hold sessions, but the civilian government loses all authority.2. The Parliament becomes empowered to make laws concerning any matter in the State List concerning that state.3. The state immediately loses all funding support from the Union government.Select the correct answer using the codes below, - a) 1 and 2 only
- b) 2 only
- c) 1 and 3 only
- d) 3 only
Correct answer is option 'B'. Can you explain this answer?
Consider the following statements about the effects of the President's Rule in states.
1. The state legislative assembly continues to hold sessions, but the civilian government loses all authority.
2. The Parliament becomes empowered to make laws concerning any matter in the State List concerning that state.
3. The state immediately loses all funding support from the Union government.
Select the correct answer using the codes below,
a)
1 and 2 only
b)
2 only
c)
1 and 3 only
d)
3 only
|
Priya Menon answered |
- The assembly is immediately dissolved, and the President takes the administrative charge of the state. A panel of advisors is appointed to advise the Governor in the discharge of his day-to-day duties.
- A law made so by the Parliament continues to be operative even after the president's rule. But, such a law can be repealed or altered or reenacted by the state legislature.
Consider the following statements about the President's rule:1. There is no maximum time limit for both National emergency and President's rule if continuously approved by the Parliament.2. President's rule can be imposed in a state that has engaged in maladministration in the state.Which of these is/are true?- a) Only 1
- b) Only 2
- c) Both
- d) None of the above
Correct answer is option 'D'. Can you explain this answer?
Consider the following statements about the President's rule:
1. There is no maximum time limit for both National emergency and President's rule if continuously approved by the Parliament.
2. President's rule can be imposed in a state that has engaged in maladministration in the state.
Which of these is/are true?
a)
Only 1
b)
Only 2
c)
Both
d)
None of the above
|
|
Pooja Shah answered |
- While the National emergency has no time limit, President's rule has to be revoked after a maximum of three years.
- Further, the 44th Amendment Act of 1978 introduced a new provision to put a restraint on the power of Parliament to extend a proclamation of President's Rule beyond one year. Thus, it provided that, beyond one year, the President's Rule can be extended by six months at a time only when the following two conditions are fulfilled:
1. A proclamation of National Emergency should be in operation in the whole of India, or the whole or any part of the state.
2. Election Commission must certify that the general elections to the legislative assembly of the concerned state cannot be held on account of difficulties.
The President may revoke a proclamation of President's Rule at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.
Proven maladministration or even corruption cannot be a ground to impose president's rule as per the guidelines laid down by the Supreme Court in the S. R. Bommai v UOI, 1994 AIR 1918.
During an emergency, our political structure transforms from being 'Federal' to- a) Military
- b) Quasi-federal
- c) Unitary
- d) Being only a Single Government
Correct answer is option 'C'. Can you explain this answer?
During an emergency, our political structure transforms from being 'Federal' to
a)
Military
b)
Quasi-federal
c)
Unitary
d)
Being only a Single Government
|
|
Rahul Choudhury answered |
- During an Emergency, the Central government becomes all-powerful, and the states go into the centre's total control. It converts the federal structure into a unitary one without a formal amendment of the Constitution.
- This kind of transformation of the political system from federal during normal times to unitary during Emergency is a unique feature of the Indian Constitution.
- Since the state governments exist even at the time of emergency, we cannot call it-single government.
If the announcement of the National Emergency has been approved by both Houses of Parliament, how long will it be effective? - a)1 month
- b)6 months
- c)2 months
- d)3 months
Correct answer is option 'B'. Can you explain this answer?
If the announcement of the National Emergency has been approved by both Houses of Parliament, how long will it be effective?
a)
1 month
b)
6 months
c)
2 months
d)
3 months
|
Shraddha Tiwari answered |
Duration of National Emergency
The duration of the National Emergency in India is determined by the approval of both Houses of Parliament. The correct answer to the question is option B, which is 6 months.
Explanation
The Indian Constitution provides for three types of emergencies:
1. National Emergency - Article 352
2. State Emergency - Article 356
3. Financial Emergency - Article 360
National Emergency can be declared on the grounds of war, external aggression, or armed rebellion. The President of India declares the National Emergency after receiving a written recommendation from the Cabinet. Such a proclamation must be approved by both Houses of Parliament within one month of its issuance. If the proclamation is approved, the National Emergency will remain in force for a period of six months from the date of its issuance. It can be extended for an indefinite period by passing a resolution in each House of Parliament with a special majority.
Conclusion
In conclusion, the duration of the National Emergency in India is six months. It can be extended for an indefinite period by passing a resolution in each House of Parliament with a special majority.
The duration of the National Emergency in India is determined by the approval of both Houses of Parliament. The correct answer to the question is option B, which is 6 months.
Explanation
The Indian Constitution provides for three types of emergencies:
1. National Emergency - Article 352
2. State Emergency - Article 356
3. Financial Emergency - Article 360
National Emergency can be declared on the grounds of war, external aggression, or armed rebellion. The President of India declares the National Emergency after receiving a written recommendation from the Cabinet. Such a proclamation must be approved by both Houses of Parliament within one month of its issuance. If the proclamation is approved, the National Emergency will remain in force for a period of six months from the date of its issuance. It can be extended for an indefinite period by passing a resolution in each House of Parliament with a special majority.
Conclusion
In conclusion, the duration of the National Emergency in India is six months. It can be extended for an indefinite period by passing a resolution in each House of Parliament with a special majority.
Consider the following about the President's rule that is imposed under Article 356 of the Constitution.1. It cannot be imposed without the written recommendation of the Governor of the concerned state.2. Every proclamation of the President's rule must be approved by both the Houses of Parliament within a stipulated time.Which of the above is/are correct?- a) 1 only
- b) 2 only
- c) Both 1 and 2
- d) None
Correct answer is option 'B'. Can you explain this answer?
Consider the following about the President's rule that is imposed under Article 356 of the Constitution.
1. It cannot be imposed without the written recommendation of the Governor of the concerned state.
2. Every proclamation of the President's rule must be approved by both the Houses of Parliament within a stipulated time.
Which of the above is/are correct?
a)
1 only
b)
2 only
c)
Both 1 and 2
d)
None
|
Rishabh Malik answered |
Understanding President's Rule under Article 356
President's rule can be imposed in a state under Article 356 of the Indian Constitution when the President believes that the governance in the state cannot be carried on according to the Constitution. Let’s break down the statements provided:
Statement 1: Written Recommendation of the Governor
- The first statement claims that President's rule cannot be imposed without the written recommendation of the Governor. This is incorrect.
- While the Governor's recommendation is often sought, it is not a mandatory requirement. The President can act based on their own assessment or information.
Statement 2: Approval by Both Houses of Parliament
- The second statement states that every proclamation of President's rule must be approved by both Houses of Parliament within a stipulated time. This is correct.
- After the proclamation of President's rule, it must be approved by Parliament within two months; otherwise, it will cease to operate.
Conclusion
- Therefore, the correct answer is option 'B' as only the second statement is accurate.
Key Takeaways:
- President's rule can be imposed independently of the Governor's written recommendation.
- Parliamentary approval is essential for the continuation of President's rule beyond the stipulated time frame.
Understanding these nuances is crucial for analyzing the constitutional provisions regarding state governance.
President's rule can be imposed in a state under Article 356 of the Indian Constitution when the President believes that the governance in the state cannot be carried on according to the Constitution. Let’s break down the statements provided:
Statement 1: Written Recommendation of the Governor
- The first statement claims that President's rule cannot be imposed without the written recommendation of the Governor. This is incorrect.
- While the Governor's recommendation is often sought, it is not a mandatory requirement. The President can act based on their own assessment or information.
Statement 2: Approval by Both Houses of Parliament
- The second statement states that every proclamation of President's rule must be approved by both Houses of Parliament within a stipulated time. This is correct.
- After the proclamation of President's rule, it must be approved by Parliament within two months; otherwise, it will cease to operate.
Conclusion
- Therefore, the correct answer is option 'B' as only the second statement is accurate.
Key Takeaways:
- President's rule can be imposed independently of the Governor's written recommendation.
- Parliamentary approval is essential for the continuation of President's rule beyond the stipulated time frame.
Understanding these nuances is crucial for analyzing the constitutional provisions regarding state governance.
Which of the following duties have been constitutionally prescribed for the Centre to exercise control over the state administration?1. To protect every state against external aggression and internal disturbance2. To ensure that corruption and maladministration do not affect state governmentsWhich of the above is/are correct?- a) 1 only
- b) 2 only
- c) Both 1 and 2
- d) None
Correct answer is option 'A'. Can you explain this answer?
Which of the following duties have been constitutionally prescribed for the Centre to exercise control over the state administration?
1. To protect every state against external aggression and internal disturbance
2. To ensure that corruption and maladministration do not affect state governments
Which of the above is/are correct?
a)
1 only
b)
2 only
c)
Both 1 and 2
d)
None
|
Sushmita Subba answered |
Opt a
In the S. R. Bommai v UOI, 1994 AIR 1918., several propositions have been laid down by the Supreme Court on President's Rule's imposition in a state under Article 356. These include1. A state government pursuing anti-secular politics is liable to action under Article 356.2. The presidential proclamation imposing President's Rule is subject to judicial review only when the President acts against the Council of Ministers' advice.3. The state legislative assembly should be dissolved only after the Parliament has approved the presidential proclamation.Select the correct answer using the codes below,- a)1 and 2 only
- b)2 and 3 only
- c)1 and 3 only
- d)1, 2 and 3
Correct answer is option 'C'. Can you explain this answer?
In the S. R. Bommai v UOI, 1994 AIR 1918., several propositions have been laid down by the Supreme Court on President's Rule's imposition in a state under Article 356. These include
1. A state government pursuing anti-secular politics is liable to action under Article 356.
2. The presidential proclamation imposing President's Rule is subject to judicial review only when the President acts against the Council of Ministers' advice.
3. The state legislative assembly should be dissolved only after the Parliament has approved the presidential proclamation.
Select the correct answer using the codes below,
a)
1 and 2 only
b)
2 and 3 only
c)
1 and 3 only
d)
1, 2 and 3
|
|
Vikram Kapoor answered |
- Secularism is one of the 'basic features' of the Constitution. Hence, a state government pursuing anti-secular politics is liable to action under Article 356
- It can be subject to Judicial review in any condition. Further, the satisfaction of the President must be based on the relevant material.
- The president's action can be struck down by the court if it is based on irrelevant or extraneous grounds or if it was found to be mala fide or perverse.
- The burden lies on the Centre to prove that relevant material exists to justify the President's Rule's imposition.
The President of India can declare a national emergency only after the1. Approval of the Cabinet2. Approval by the Parliament3. Approval by the State legislatures involvedChoose the correct answer using the codes below.- a) 1 and 2 only
- b) 2 and 3 only
- c) 1 and 3 only
- d) 1 only
Correct answer is option 'D'. Can you explain this answer?
The President of India can declare a national emergency only after the
1. Approval of the Cabinet
2. Approval by the Parliament
3. Approval by the State legislatures involved
Choose the correct answer using the codes below.
a)
1 and 2 only
b)
2 and 3 only
c)
1 and 3 only
d)
1 only
|
|
Priya Menon answered |
- The President can proclaim a national emergency only after receiving a written recommendation from the cabinet.
- This means that the emergency can be declared only on the cabinet's concurrence and not merely on the advice of the prime minister.
- In 1975, the then Prime Minister, Indira Gandhi advised the president to proclaim emergency without consulting her cabinet. The cabinet was informed of the proclamation after it was made, as a fait accompli. The 44th Amendment Act of 1978 introduced this safeguard to eliminate any possibility of the prime minister alone deciding in this regard.
Approval of the Parliament is required later to decide whether to continue the emergency or not.
Consider the following statements.Assertion (A): Resolutions approving the Proclamation of Emergency are passed only by the Lok Sabha.Reason (R): The Rajya Sabha does not represent directly elected representatives.In the context of the above, which of these is correct?- a) A is correct, and R is an appropriate explanation of A.
- b) A is correct, but R is not an appropriate explanation of A.
- c) A is incorrect, but R is correct.
- d) Both A and R are incorrect.
Correct answer is option 'C'. Can you explain this answer?
Consider the following statements.
Assertion (A): Resolutions approving the Proclamation of Emergency are passed only by the Lok Sabha.
Reason (R): The Rajya Sabha does not represent directly elected representatives.
In the context of the above, which of these is correct?
a)
A is correct, and R is an appropriate explanation of A.
b)
A is correct, but R is not an appropriate explanation of A.
c)
A is incorrect, but R is correct.
d)
Both A and R are incorrect.
|
|
Pooja Choudhury answered |
The proclamation of Emergency must be approved by both the Houses of Parliament within one month from the date of its issue.
Every resolution approving the proclamation of emergency or its continuance must be passed by either House of Parliament by a special majority, that is,
1. The majority of the total membership of that house.
2. The majority of not less than two-thirds of the members of that house present and voting.
The President may revoke a proclamation of emergency at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.
During a national emergency,1. State governments are suspended, and the Centre takes control of the states.2. Parliament becomes empowered to make laws on any subject mentioned in the State List.Which of the above is/are correct? - a) 1 only
- b) 2 only
- c) Both 1 and 2
- d) None
Correct answer is option 'B'. Can you explain this answer?
During a national emergency,
1. State governments are suspended, and the Centre takes control of the states.
2. Parliament becomes empowered to make laws on any subject mentioned in the State List.
Which of the above is/are correct?
a)
1 only
b)
2 only
c)
Both 1 and 2
d)
None
|
Saranya Gupta answered |
Explanation:
The correct answer is option 'B' - 2 only.
Explanation of the options:
1. State governments are suspended, and the Centre takes control of the states.
- This statement is not correct. During a national emergency, the state governments are not suspended. However, the Centre can take certain measures to ensure coordination and effective management of the situation. The state governments continue to function, but their powers may be curtailed or limited during the emergency.
2. Parliament becomes empowered to make laws on any subject mentioned in the State List.
- This statement is correct. During a national emergency, the Parliament is empowered to make laws on any subject mentioned in the State List. The State List is a list of subjects on which the state governments have exclusive jurisdiction to make laws. However, during a national emergency, the Centre can override the state governments' authority and legislate on those subjects.
Explanation of the correct answer:
Option 'B' is the correct answer because only statement 2 is correct. During a national emergency, the Parliament is empowered to make laws on any subject mentioned in the State List. This is done to ensure effective management and coordination of the emergency situation.
During a national emergency, the President can declare a state of emergency under Article 352 of the Indian Constitution. This can be done on the grounds of war, external aggression, or armed rebellion. Once the emergency is declared, the Centre can exercise certain powers to deal with the situation effectively.
One of the powers granted to the Centre during a national emergency is the authority to make laws on any subject mentioned in the State List. The State List includes subjects such as police, public order, health, agriculture, and local government, among others. Normally, these subjects are within the exclusive jurisdiction of the state governments to make laws. However, during a national emergency, the Centre can legislate on these subjects to ensure uniformity and effective measures to tackle the emergency.
It is important to note that the state governments continue to function during a national emergency, but their powers may be limited or curtailed to ensure better coordination and management of the emergency situation. The Centre may issue directives to the state governments, and the state governments are bound to comply with these directives.
Therefore, option 'B' is the correct answer as only statement 2 is correct during a national emergency.
The correct answer is option 'B' - 2 only.
Explanation of the options:
1. State governments are suspended, and the Centre takes control of the states.
- This statement is not correct. During a national emergency, the state governments are not suspended. However, the Centre can take certain measures to ensure coordination and effective management of the situation. The state governments continue to function, but their powers may be curtailed or limited during the emergency.
2. Parliament becomes empowered to make laws on any subject mentioned in the State List.
- This statement is correct. During a national emergency, the Parliament is empowered to make laws on any subject mentioned in the State List. The State List is a list of subjects on which the state governments have exclusive jurisdiction to make laws. However, during a national emergency, the Centre can override the state governments' authority and legislate on those subjects.
Explanation of the correct answer:
Option 'B' is the correct answer because only statement 2 is correct. During a national emergency, the Parliament is empowered to make laws on any subject mentioned in the State List. This is done to ensure effective management and coordination of the emergency situation.
During a national emergency, the President can declare a state of emergency under Article 352 of the Indian Constitution. This can be done on the grounds of war, external aggression, or armed rebellion. Once the emergency is declared, the Centre can exercise certain powers to deal with the situation effectively.
One of the powers granted to the Centre during a national emergency is the authority to make laws on any subject mentioned in the State List. The State List includes subjects such as police, public order, health, agriculture, and local government, among others. Normally, these subjects are within the exclusive jurisdiction of the state governments to make laws. However, during a national emergency, the Centre can legislate on these subjects to ensure uniformity and effective measures to tackle the emergency.
It is important to note that the state governments continue to function during a national emergency, but their powers may be limited or curtailed to ensure better coordination and management of the emergency situation. The Centre may issue directives to the state governments, and the state governments are bound to comply with these directives.
Therefore, option 'B' is the correct answer as only statement 2 is correct during a national emergency.
Which among the following feature of Constitution of India is derived from Weimer Constitution (of Germany)?- a)Due Procedure of Law
- b)Suspension of fundamental rights during emergency
- c)Procedure Established by Law
- d)Right to Property as Legal right
Correct answer is option 'B'. Can you explain this answer?
Which among the following feature of Constitution of India is derived from Weimer Constitution (of Germany)?
a)
Due Procedure of Law
b)
Suspension of fundamental rights during emergency
c)
Procedure Established by Law
d)
Right to Property as Legal right
|
|
Suresh Reddy answered |
Indian Constitution has borrowed from the Weimar Constitution of Germany provisions concerning the suspension of fundamental rights during National Emergency.
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