Previous Year Question
If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then
the Assembly of the State is automatically dissolved.
the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
Article 19 is suspended in that State.
the President can make laws relating to that State.
Correct Answer: B
Detailed Solution
Article 356 of the Constitution deals with the failure of constitutional machinery in a State. If the President, on receipt of a report from the Governor or otherwise, is satisfied that the government of a State cannot be carried on in accordance with the provisions of the Constitution, the President may issue a proclamation.
Option (b) is correct.
Through a proclamation under Article 356(1):
The President may assume all or any functions of the State Government and the powers vested in the Governor or any other executive authority of the State.
The President may declare that the powers of the State Legislature shall be exercisable by or under the authority of Parliament.
Incidental and consequential provisions necessary for giving effect to the objects of the proclamation may be made.
Why are the other options incorrect?
Option (a): The Legislative Assembly is not automatically dissolved when President’s Rule is imposed. It may initially be kept in suspended animation or may be dissolved according to the circumstances. Dissolution is therefore not an automatic consequence of the proclamation.
Option (c): Article 19 is not suspended by the operation of Article 356. The provision concerning Article 19 is contained in Article 358 and is connected with a National Emergency proclaimed under Article 352 on the grounds of war or external aggression.
Option (d): The legislative powers of the State do not directly and automatically vest in the President under Article 356. They become exercisable by or under the authority of Parliament. However, under Article 357(1)(a), Parliament may confer these legislative powers on the President and may authorise the President to delegate them to another authority. Therefore, option (d) is not correct as a direct and automatic consequence.
Other important facts:
A proclamation under Article 356 must be laid before both Houses of Parliament.
Unless approved by both Houses, it ordinarily ceases to operate upon the expiration of two months.
After parliamentary approval, the proclamation may remain in force for six months at a time.
It can be extended for a maximum period of three years, but continuation beyond one year is subject to the special conditions prescribed under Article 356(5).
The President cannot assume the powers vested in a High Court or suspend constitutional provisions relating to High Courts.