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Indian PolityMediumAsked in: UPSC Civil Services · CSE Prelims 2018, GS Paper I

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

  1. A.the Assembly of the State is automatically dissolved.
  2. B.the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
  3. C.Article 19 is suspended in that State.
  4. D.the President can make laws relating to that State.

Correct answer

B. the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.

Explanation

The correct answer is B. Under President's Rule, Article 356(1)(b) lets the President declare that the powers of the State Legislature shall be exercisable by or under the authority of Parliament.

Article 356 applies when the President is satisfied, on the Governor's report or otherwise, that the government of a State cannot be carried on according to the Constitution. The President then takes over the functions of the State government, and Parliament, or an authority it chooses, makes laws for the State. The proclamation must be approved by both Houses within two months. In S.R. Bommai v. Union of India (1994), the Supreme Court held that such a proclamation is open to judicial review.

A is wrong because the Assembly may be only suspended and kept alive; it is not dissolved automatically. C is wrong because Article 19 is suspended under a national emergency (Article 358), not under Article 356. D is wrong because the law-making power passes to Parliament; the President can issue ordinances only when Parliament is not in session.

Exam tip: Article 356 = State emergency; Article 358 suspends Article 19 only in a national emergency.

Practice Questions

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Q2.Indian PolityAsked in: UPSC Civil Services · CSE Prelims 2024, GS Paper IMedium

With reference to Union Budget, consider the following statements : 1. The Union Finance Minister on behalf of the Prime Minister lays the Annual Financial Statement before both the Houses of Parliament. 2. At the Union level, no demand for a grant can be made except on the recommendation of the President of India. Which of the statements given above is/are correct ?

  1. A.1 only
  2. B.2 only
  3. C.Both 1 and 2
  4. D.Neither 1 nor 2
Show answer
Correct answer: B. 2 only

Demands for grants need the President's recommendation, but the Budget is laid on behalf of the President, not the Prime Minister.

Q3.Indian PolityAsked in: UPSC Civil Services · CSE Prelims 2024, GS Paper IMedium

Consider the following statements : 1. It is the Governor of the State who recognizes and declares any community of that State as a Scheduled Tribe. 2. A community declared as a Scheduled Tribe in a State need not be so in another State. Which of the statements given above is/are correct?

  1. A.1 only
  2. B.2 only
  3. C.Both 1 and 2
  4. D.Neither 1 nor 2
Show answer
Correct answer: B. 2 only

The President, not the Governor, specifies Scheduled Tribes, and the list is made state by state.

Q5.Indian PolityAsked in: UPSC Civil Services · CSE Prelims 2024, GS Paper IMedium

Consider the following statements regarding 'Nari Shakti Vandan Adhiniyam' : 1. Provisions will come into effect from the 18th Lok Sabha. 2. This will be in force for 15 years after becoming an Act. 3. There are provisions for the reservation of seats for Scheduled Castes Women within the quota reserved for the Scheduled Castes. Which of the statements given above are correct?

  1. A.1, 2 and 3
  2. B.1 and 2 only
  3. C.2 and 3 only
  4. D.1 and 3 only
Show answer
Correct answer: C. 2 and 3 only

The Act runs for 15 years and reserves seats for SC women inside the SC quota, but it did not start with the 18th Lok Sabha.