Q53 · UPSC Prelims 2018 · Set A · Polity and Governance

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

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.
C Article 19 is suspended in that State.
D the President can make laws relating to that State.

Correct answer: (b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.

Explanation

  1. A

    the Assembly of the State is automatically dissolved.

    (a) The Assembly of the State is automatically dissolved. Article 356 lets the President assume the State government’s functions; the House may be kept in suspended animation or dissolved later. Dissolution is not automatic on the Proclamation itself. This option is not the key.

  2. B

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

    (b) The powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament. Article 356(1)(b) says exactly that: State legislative power shifts to Parliament (or to a delegate authorised by Parliament). That is the constitutional consequence asked. This option is the official key.

  3. C

    Article 19 is suspended in that State.

    (c) Article 19 is suspended in that State. Suspension of Article 19 is tied to a Proclamation of Emergency under Article 352 (see Article 358), not to State failure under 356. This option is not the key.

  4. D

    the President can make laws relating to that State.

    (d) The President can make laws relating to that State. Law-making for the State during President’s Rule is Parliament’s; the President may legislate only if Parliament confers that power under Article 357. It is not an automatic presidential power. This option is not the key.

Summary. Official key is (b). When Article 356 is used, Article 356(1)(b) vests the State legislature’s powers in Parliament or in an authority Parliament names. The Assembly is not dissolved by the mere Proclamation. Article 19 is not suspended by 356. The President does not become the State’s law-maker unless Parliament so authorises under Article 357. Only (b) states the actual constitutional shift.

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