Question

During the proclamation of emergency, due to the breakdown of constitutional machinery in a State the President can decide:
I. assume powers given and exercisable by the Governor.
II. declare that the powers of the Legislature of state will be exercised by Parliament.
III. assume the powers of the High Courts.
IV. suspend by the order or all Fundamental Rights except under Art 20 and 21
A. I and II
B. I and III
C. II, III and IV
D. II and IV

Answer 1

Hint:
In India, the emergency provisions are mentioned by the constitution itself. It is to enable the federal government to acquire the strength. Due to the urgent needs, all the pacific methods should be exhausted. Emergency should also be the last measure to use as it affects India’s federal feature of government.

Complete answer:
Under Article 356 of the Constitution, the President has power to issue the proclamation if he is satisfied with it. Also, he is satisfied with the Constitutional problems and crisis. This is termed as the President's Rule. The President can take up the functions of State Governor and hence can declare that the powers will be in the Parliament.

Thus the correct option is B.

Additional Information:
There are three types of emergency situations under the Indian Constitution. These are:
· National Emergency
· Failure of constitutional machinery in states
· Financial Emergency
During these emergencies, the executive, legislative and financial power rests with the centre only. The union government under Article 250 of the constitution will get the power to legislate in regard to the subjects enumerated in the state list. Under Article 359, the president may suspend the right to move to the courts to ensure fundamental rights.

Note:
After the 42nd Amendment of the constitution the state emergency was made immune from judicial review. But later due to the 44th Amendment the legality of the President's rule could be challenged.