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If the president of India exercises his power under article 356 of the constitution in the respect of a particular state, then -
- a)Article 19 is suspended in that state.
- b)Assembly of that state is dissolved automatically.
- c)The president can also get powers of the state high courts.
- d)Parliament assumes the power to legislate on subjects in the state list.
Correct answer is option 'D'. Can you explain this answer?
Verified Answer
If the president of India exercises his power under article 356 of the...
Explanation:
Article 356 of the Indian Constitution is also known as "President's Rule." It grants the President of India the authority to take direct control of a state's administration if the state government is unable to function according to the provisions of the Constitution. This usually happens when the state government loses its majority in the legislative assembly or when there is a breakdown of the Constitutional machinery in the state.
When the President exercises this power, the following things happen:
1. Article 19 is NOT suspended in that state. This provision guarantees the right to freedom of speech and expression, and assembly, among others. The President's Rule does not automatically lead to the suspension of these fundamental rights in the affected state.
2. The assembly of that state is NOT dissolved automatically. Instead, the President may either suspend or dissolve the state legislative assembly. The decision to dissolve the assembly or keep it in suspended animation depends on the specific situation and the President's discretion.
3. The President does NOT get the powers of the state high courts. The judiciary remains independent and continues to function as usual. The high courts and the Supreme Court still retain their power of judicial review over the actions taken by the President and the central government during President's Rule.
4. Parliament assumes the power to legislate on subjects in the state list. This means that during President's Rule, the Parliament can make laws on any subject that falls under the jurisdiction of the state government. The central government, acting through the President, takes over the state's executive powers, and Parliament assumes the role of the state legislature.
In summary, when the President of India exercises his power under Article 356 in respect of a particular state, Parliament assumes the power to legislate on subjects in the state list.
Article 356 of the Indian Constitution is also known as "President's Rule." It grants the President of India the authority to take direct control of a state's administration if the state government is unable to function according to the provisions of the Constitution. This usually happens when the state government loses its majority in the legislative assembly or when there is a breakdown of the Constitutional machinery in the state.
When the President exercises this power, the following things happen:
1. Article 19 is NOT suspended in that state. This provision guarantees the right to freedom of speech and expression, and assembly, among others. The President's Rule does not automatically lead to the suspension of these fundamental rights in the affected state.
2. The assembly of that state is NOT dissolved automatically. Instead, the President may either suspend or dissolve the state legislative assembly. The decision to dissolve the assembly or keep it in suspended animation depends on the specific situation and the President's discretion.
3. The President does NOT get the powers of the state high courts. The judiciary remains independent and continues to function as usual. The high courts and the Supreme Court still retain their power of judicial review over the actions taken by the President and the central government during President's Rule.
4. Parliament assumes the power to legislate on subjects in the state list. This means that during President's Rule, the Parliament can make laws on any subject that falls under the jurisdiction of the state government. The central government, acting through the President, takes over the state's executive powers, and Parliament assumes the role of the state legislature.
In summary, when the President of India exercises his power under Article 356 in respect of a particular state, Parliament assumes the power to legislate on subjects in the state list.
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Most Upvoted Answer
If the president of India exercises his power under article 356 of the...
Explanation:
Article 356 of the Indian Constitution empowers the President to impose President's rule or State Emergency in any state of India if the President is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
When the President imposes President's rule or State Emergency in a particular state, the following consequences take place:
1. The Assembly of that state is dissolved automatically: The Governor of the state assumes the powers of the state legislature, and the Chief Minister and other ministers continue to hold their offices as per the provisions of the Constitution. However, the Governor exercises his powers only on the aid and advice of the Council of Ministers.
2. Parliament assumes the power to legislate on subjects in the state list: The state legislature goes into suspended animation, and Parliament assumes the power to legislate on subjects in the state list. The President can also issue ordinances on matters of state list.
3. The President can get powers of the state high courts: The President can also get powers of the state high courts, and he can issue orders to the Governor or other authorities of the state.
4. Article 19 is suspended in that state: The fundamental right to freedom of speech and expression, assembly, etc. guaranteed under Article 19 of the Constitution is suspended in that state during the period of President's rule.
Therefore, option (D) is the correct answer.
Article 356 of the Indian Constitution empowers the President to impose President's rule or State Emergency in any state of India if the President is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
When the President imposes President's rule or State Emergency in a particular state, the following consequences take place:
1. The Assembly of that state is dissolved automatically: The Governor of the state assumes the powers of the state legislature, and the Chief Minister and other ministers continue to hold their offices as per the provisions of the Constitution. However, the Governor exercises his powers only on the aid and advice of the Council of Ministers.
2. Parliament assumes the power to legislate on subjects in the state list: The state legislature goes into suspended animation, and Parliament assumes the power to legislate on subjects in the state list. The President can also issue ordinances on matters of state list.
3. The President can get powers of the state high courts: The President can also get powers of the state high courts, and he can issue orders to the Governor or other authorities of the state.
4. Article 19 is suspended in that state: The fundamental right to freedom of speech and expression, assembly, etc. guaranteed under Article 19 of the Constitution is suspended in that state during the period of President's rule.
Therefore, option (D) is the correct answer.
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If the president of India exercises his power under article 356 of the constitution in the respect of a particular state, then - a)Article 19 is suspended in that state.b)Assembly of that state is dissolved automatically.c)The president can also get powers of the state high courts.d)Parliament assumes the power to legislate on subjects in the state list.Correct answer is option 'D'. Can you explain this answer?
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If the president of India exercises his power under article 356 of the constitution in the respect of a particular state, then - a)Article 19 is suspended in that state.b)Assembly of that state is dissolved automatically.c)The president can also get powers of the state high courts.d)Parliament assumes the power to legislate on subjects in the state list.Correct answer is option 'D'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about If the president of India exercises his power under article 356 of the constitution in the respect of a particular state, then - a)Article 19 is suspended in that state.b)Assembly of that state is dissolved automatically.c)The president can also get powers of the state high courts.d)Parliament assumes the power to legislate on subjects in the state list.Correct answer is option 'D'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for If the president of India exercises his power under article 356 of the constitution in the respect of a particular state, then - a)Article 19 is suspended in that state.b)Assembly of that state is dissolved automatically.c)The president can also get powers of the state high courts.d)Parliament assumes the power to legislate on subjects in the state list.Correct answer is option 'D'. Can you explain this answer?.
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