UPSC CSE Prelims
Emergency Provisions Previous Year Questions (PYQs)
Showing solved Previous Year Questions for Chapter: Emergency Provisions
Topic Breakdown: Scroll →
If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then -
Detailed Explanation:
Answer: Option 2 — the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
When the President imposes President's Rule under Article 356 due to the breakdown of constitutional machinery in a state, the legislative powers of the state legislature are transferred to Parliament. Parliament becomes empowered to make laws for that state during this period, ensuring continuity of governance.
❌ Option 1 – Incorrect: The State Assembly is not automatically dissolved under Article 356; it can be kept in suspended animation or dissolved later through a separate proclamation.
✅ Option 2 – Correct: Article 356 explicitly provides that Parliament shall exercise the legislative powers of the state during President's Rule.
❌ Option 3 – Incorrect: Article 19 (fundamental rights like freedom of speech, movement) is not suspended under Article 356; such suspension occurs only during a National Emergency under Article 352.
❌ Option 4 – Incorrect: The President does not directly make laws; it is Parliament that exercises legislative powers for the state during President's Rule.
📝 Short Notes: Article 356 - President's Rule
| Aspect | Details |
|---|---|
| Constitutional Provision | Article 356 - President's Rule (State Emergency) |
| Ground | Breakdown of constitutional machinery in a state; governance cannot be carried on in accordance with the Constitution |
| Legislative Powers | Powers of State Legislature transferred to Parliament; Parliament can make laws for the state |
| Executive Powers | Governor administers the state on behalf of the President; Council of Ministers dismissed |
| State Assembly | Can be kept in suspended animation OR dissolved (not automatic dissolution) |
| Duration | Initially 6 months; can be extended up to maximum 3 years with Parliamentary approval every 6 months |
| Fundamental Rights | Article 19 rights NOT suspended (unlike National Emergency under Article 352) |
| Judicial Review | Subject to judicial review after S.R. Bommai case (1994) - subjective satisfaction of President can be challenged |
Which of the following are not necessarily the consequences of the proclamation of the President’s rule in a State?
- Dissolution of the State Legislative Assembly
- Removal of the Council of Ministers in the State
- Dissolution of the local bodies
Which of the above-given statements is correct?
Detailed Explanation:
Answer: Option 2 — 1 and 3 only
When President's Rule is proclaimed under Article 356, the removal of the Council of Ministers is mandatory, but the dissolution of the State Legislative Assembly and local bodies are not automatic consequences. The Assembly may be kept in suspended animation or dissolved, and local bodies continue to function under constitutional provisions unless separately dissolved.
✅ Statement 1 – Correct: Dissolution of the State Legislative Assembly is not mandatory; it may be dissolved or kept in suspended animation during President's Rule.
❌ Statement 2 – Incorrect: Removal of the Council of Ministers is always a necessary consequence when President's Rule is imposed, as the Governor takes over executive functions.
✅ Statement 3 – Correct: Dissolution of local bodies is not an automatic consequence of President's Rule; they continue to function independently under the 73rd and 74th Constitutional Amendments.
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