What does Article 356 empower the President to do, and what are its constitutional safeguards?
- A.Dissolve Parliament; no further approval required
- B.Dismiss State government; needs approval within two months
- C.Declare Financial Emergency; approval by Rajya Sabha
- D.Suspend Fundamental Rights; needs Supreme Court approval
Correct answer
Explanation
The correct answer is Dismiss State government; needs approval within two months. Under Article 356, if the President is satisfied, on the Governor's report or otherwise, that the government of a State cannot be carried on in accordance with the Constitution, he or she can take over the functions of the State government, which in practice means dismissing the State's Council of Ministers and suspending or dissolving its Assembly. The proclamation must be approved by both Houses of Parliament within two months, by a simple majority, and then lasts six months at a time, up to three years.
The other options mix in other provisions. The President can dissolve the Lok Sabha under Article 85, but never Parliament as a whole, and not under Article 356. A Financial Emergency is Article 360, and it needs the approval of both Houses, not only the Rajya Sabha. Suspending Fundamental Rights is dealt with by Articles 358 and 359, and needs no Supreme Court approval. Since the S.R. Bommai case (1994), a proclamation under Article 356 can be reviewed by the courts.
Read the full article: Emergency Provisions (Articles 352–360): Notes and PYQs
Practice Questions
View allHow many types of emergencies are provided in the Constitution?
- A.2
- B.3
- C.4
- D.5
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Part XVIII of the Constitution provides for three kinds of emergency. A National Emergency under Article 352 can be declared on the ground of war, external aggression or armed rebellion.
Read the full explanation →Which article of the Indian constitution provides for proclamation of Emergency?
- A.Article 364
- B.Article 352
- C.Article 350
- D.Article 362
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It allows the President, if satisfied that a grave emergency exists whereby the security of India or any part of it is threatened by war, external aggression or armed rebellion, to make a Proclamation of Emergency.
Read the full explanation →Which of the following amendment act of the Indian constitution replaced the term "internal disturbance" with "armed rebellion" in the context of a national emergency?
- A.41st Amendment act, 1976
- B.44th Amendment act, 1978
- C.42nd Amendment act, 1976
- D.43rd Amendment act, 1977
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The Emergency of June 1975 was declared on the ground of "internal disturbance", a phrase so vague that almost any political unrest could be brought under it.
Read the full explanation →A Proclamation of National Emergency must be approved by each House within how many months?
- A.1
- B.3
- C.6
- D.9
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A Proclamation of National Emergency must be laid before both Houses of Parliament and approved by each of them within one month of its issue; otherwise it ceases to operate.
Read the full explanation →'Effect of Proclamation of Emergency' is explicitly provided in which of the following provisions of the Constitution of India?
- A.Article 353
- B.Article 350
- C.Article 256
- D.Article 252
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While a National Emergency is in force, it extends the executive power of the Union to giving directions to any State on the manner in which its executive power is to be exercised, and it allows Parliament to make laws on any matter, even one in the State List.
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