Question

UPSC Prelims 2018 Question:

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

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

Answer (Detailed Solution Below)

Option 2: the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.

Detailed Solution

Explanation:

  • Article 356 of the Constitution of India provides that, if the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation- 
    • assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State
    • declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament
    • make such provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part  the operation of any provisions of this Constitution relating to any body or authority in the State
    • Provided that nothing in this clause shall authorize the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.

Therefore, option (2) is the correct answer.

Subject: Polity | President 

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