If the President of India exercises his power as provided under Article 356 of the Constitution in a

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UPSC Prelims is a competitive examination conducted in India. This question is from the 2018 UPSC Prelims Indian Polity & Governance paper.

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Question

If the President of India exercises his power as provided under Article 356 of the Constitution in a particular State, then

Accepted Answer

Correct Answer: B — the powers of the Legislature of that State shall be exercisable by or under the authority of the ParliamentStep-by-step Solution:Article 356 provides for the imposition of President's Rule (also called State Emergency or Constitutional Emergency) when the constitutional machinery of a State breaks down. When President's Rule is imposed, the President acquires the following extraordinary powers:1. He can assume the functions of the State government and powers vested in the Governor or any other executive authority.2. He can declare that the powers of the State Legislature are to be exercised by or under the authority of Parliament — this is precisely option B and is constitutionally accurate.3. He can take all other necessary steps including the suspension of constitutional provisions relating to any body or authority in the State.The State Legislative Assembly is either suspended or dissolved (not automatically dissolved — the President has discretion). Parliament then passes the State budget and State legislative bills. The State Governor carries on administration with the help of the Chief Secretary or presidential advisors.Why other options are incorrect:Option A (Assembly automatically dissolved): Incorrect. The State Assembly is not automatically dissolved upon imposition of President's Rule. It may be suspended (kept in suspended animation) or dissolved — the choice depends on the situation and Presidential/Parliamentary decision. In many cases the Assembly is only suspended, allowing for its revival if the emergency ends quickly.Option C (Article 19 suspended): Incorrect. Article 19 (six freedoms) is suspended only under a National Emergency (Article 352) when it has been proclaimed on grounds of external aggression or armed rebellion — not under President's Rule (Article 356). President's Rule is a constitutional emergency, not a national emergency.Option D (President can make laws for that State): Partially misleading — it is Parliament (not the President directly) that exercises the legislative powers of the State Legislature. The President may issue ordinances when Parliament is not in session, but the power to make laws is Parliament's, not solely the President's personal power.Key Concept: Article 356 (President's Rule): proclaimed when President is satisfied (on Governor's report or otherwise) that government of State cannot be carried on in accordance with Constitution. Must be approved by both Houses of Parliament within 2 months by simple majority. Maximum duration: 3 years (with Parliamentary approval every 6 months after 1 year). The 44th Amendment (1978) requires that continuation beyond 1 year needs: (i) National Emergency to be in operation, or (ii) Election Commission certification that elections cannot be held. S.R. Bommai case (1994) — President's Rule subject to judicial review; floor test required before dismissing government.

If the President of India exercises his power as provided under Article 356 of the Constitution in a particular State, then

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If the President of India exercises his power as provided under Article 356 of the Constitution in a particular State, then

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