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If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular state, then (2018)
- 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
Correct answer is option 'B'. Can you explain this answer?
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If the President of India exercises his power as provided under Artic...
Article 356: Provisions in case of failure of constitutional machinery in State
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(1) If the President, on receipt of a report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may be Proclamation
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If the President of India exercises his power as provided under Artic...
The correct answer is option 'B'. When the President of India exercises his power under Article 356 of the Constitution in respect of a particular state, the powers of the Legislature of that state shall be exercisable by or under the authority of the Parliament.
Explanation:
Article 356 of the Indian Constitution deals with the imposition of President's Rule in a state. This provision empowers the President to take over the administration of a state if there is a failure of the constitutional machinery in that state.
When the President exercises his power under Article 356, the following consequences arise:
1. Dissolution of the State Assembly:
- Contrary to option 'A', the Assembly of the state is not automatically dissolved when President's Rule is imposed. The President can either dissolve the Assembly or keep it in suspended animation.
2. Transfer of Legislative Powers:
- As per option 'B', the powers of the Legislature of that state shall be exercisable by or under the authority of the Parliament. This means that the Parliament takes over the legislative powers of the state during the period of President's Rule.
- The President can make laws or authorize the making of laws for the state, as he deems necessary or expedient, during this period.
- The Parliament can also delegate these legislative powers to the Governor of the state or any other authority specified by it.
3. Suspension of Article 19:
- Contrary to option 'C', the imposition of President's Rule does not result in the suspension of Article 19, which guarantees certain fundamental rights.
- However, the President can suspend the operation of any provisions of the Constitution relating to the Legislative Assembly of the state during this period.
In conclusion, when the President exercises his power under Article 356, the powers of the Legislature of the state shall be exercisable by or under the authority of the Parliament, and the President can make laws relating to that state.
Explanation:
Article 356 of the Indian Constitution deals with the imposition of President's Rule in a state. This provision empowers the President to take over the administration of a state if there is a failure of the constitutional machinery in that state.
When the President exercises his power under Article 356, the following consequences arise:
1. Dissolution of the State Assembly:
- Contrary to option 'A', the Assembly of the state is not automatically dissolved when President's Rule is imposed. The President can either dissolve the Assembly or keep it in suspended animation.
2. Transfer of Legislative Powers:
- As per option 'B', the powers of the Legislature of that state shall be exercisable by or under the authority of the Parliament. This means that the Parliament takes over the legislative powers of the state during the period of President's Rule.
- The President can make laws or authorize the making of laws for the state, as he deems necessary or expedient, during this period.
- The Parliament can also delegate these legislative powers to the Governor of the state or any other authority specified by it.
3. Suspension of Article 19:
- Contrary to option 'C', the imposition of President's Rule does not result in the suspension of Article 19, which guarantees certain fundamental rights.
- However, the President can suspend the operation of any provisions of the Constitution relating to the Legislative Assembly of the state during this period.
In conclusion, when the President exercises his power under Article 356, the powers of the Legislature of the state shall be exercisable by or under the authority of the Parliament, and the President can make laws relating to that state.
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If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular state, then (2018)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 StateCorrect answer is option 'B'. Can you explain this answer?
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