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Q53·GS Paper 1 · Prelims 2018

Article 356 Presidential Powers

PolityConstitutional Provisions - Emergency PowersFactual singleMediumStatic

Question

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

Options

a

the Assembly of the State is automatically dissolved.

b

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

Answer
c

Article 19 is suspended in that State.

d

the President can make laws relating to that State.

Explanation

Article 356 deals with President's power to assume legislative functions when a State government fails. When Article 356 is invoked (President's rule), the legislative powers of the State are transferred to Parliament, not to the President personally. The State Assembly may be dissolved, but this is not automatic—it is a subsequent step. Article 19 is not automatically suspended under Article 356; fundamental rights continue to apply. While Parliament's laws can apply to the State, it is Parliament's power that is exercised, not the President's individual power. Option (b) accurately describes the constitutional mechanism. > Article 356: Presidential proclamation transfers State legislative powers to Parliament, enabling Parliament to legislate for that State.

Question details

Year

2018

Paper

GS Paper 1

Question

Q53

Subject

Polity

Sub-topic

Constitutional Provisions - Emergency Powers

Type

Factual single

Difficulty

Medium

Nature

Static

Source hint

NCERT Polity Ch. 14 - Union and State Executives

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