
Article 356 deals with _____?
a. National emergency
b. Constitutional emergency
c. Financial emergency
d. Fundamental Rights during emergency
Answer
557.7k+ views
Hint:
This article gives the power to the president when such a situation arises where the government of a state is not able to carry the provisions of the Constitution.
Complete step by step solution:
A situation where the government of the state is not able to confer according to the provisions of the Constitution is a Constitutional Emergency. In such a situation, the President can override the rule of the State Government but the power is conditioned. Let us understand what Article 356 Of The Constitution of India 1949 stands for
- If the President, on information from the Governor of the State or otherwise, is satisfied that a situation has come forth in which the State Government cannot is unable to carry on in accordance with the provisions of this Constitution, the President may be Proclamation
- The President has the power to declare that the power of the state legislature would be exercised by the Parliament.
The rule is imposed in the following situations -
- The state is not able to elect a leader as the Chief Minister for a time prescribed by the governor of the state.
- Breakdown of a coalition in the state government which leads to the CM having minority support in the legislature.
- A no-confidence vote leading to a loss of majority.
- Postponement of elections due to unavoidable reasons like a natural disaster, epidemic or war.
Hence, the correct answer is option B.
Note:
In simple words, the President's Rule is when the government of a state is suspended and the central government takes over the state. This is a State or Constitutional Emergency. What gives power to someone, can also be misused so the Supreme Court of India put forth strict guidelines for the imposition of Article 356 so as to save it from being misused in any condition.
This article gives the power to the president when such a situation arises where the government of a state is not able to carry the provisions of the Constitution.
Complete step by step solution:
A situation where the government of the state is not able to confer according to the provisions of the Constitution is a Constitutional Emergency. In such a situation, the President can override the rule of the State Government but the power is conditioned. Let us understand what Article 356 Of The Constitution of India 1949 stands for
- If the President, on information from the Governor of the State or otherwise, is satisfied that a situation has come forth in which the State Government cannot is unable to carry on in accordance with the provisions of this Constitution, the President may be Proclamation
- The President has the power to declare that the power of the state legislature would be exercised by the Parliament.
The rule is imposed in the following situations -
- The state is not able to elect a leader as the Chief Minister for a time prescribed by the governor of the state.
- Breakdown of a coalition in the state government which leads to the CM having minority support in the legislature.
- A no-confidence vote leading to a loss of majority.
- Postponement of elections due to unavoidable reasons like a natural disaster, epidemic or war.
Hence, the correct answer is option B.
Note:
In simple words, the President's Rule is when the government of a state is suspended and the central government takes over the state. This is a State or Constitutional Emergency. What gives power to someone, can also be misused so the Supreme Court of India put forth strict guidelines for the imposition of Article 356 so as to save it from being misused in any condition.
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