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
Show answer
Correct answer: B. Dismiss State government; needs approval within two months
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.