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HCS (Haryana)Prelims2023General Studies

Question

Consider the following statements: 1. According to the Article 356, Government could declare a state of emergency on grounds of external threat only. 2. Once a emergency is proclaimed the federal distribution of powers remains practically suspended and all the powers are concentrated in the hands of the union government. 3. The 42nd Amendment was also passed during the emergency. 4. Among the various changes made by 42nd Amendment, one was that the duration of the legislatures in the country was extended from 5 to 7 years. Which of the statements given above is correct?

Options

  1. A 1 and 4 only
  2. B 1 and 2 only
  3. C 2 and 3 only
  4. D 3 only
Show Answer

Correct Answer

C 2 and 3 only

Model Answer

Article 356

  • It deals with State Emergency.
  • It is Imposed when the President is satisfied that the State Government is not functioning properly i.e. there is a failure of Constitutional machinery in a State. Hence, Statement 1 is not correct.
  • It is also known as the President's Rule.
  • The State Emergency was first imposed in Punjab in 1951 for the maximum number of days i.e more than three thousand days.
  • When Congress was in power at the Center State Emergency was implemented 84 times which is more than 73 per cent of all times.
  • Once an emergency is proclaimed the federal distribution of powers remains practically suspended and all the powers are concentrated in the hands of the union government. Hence, Statement 2 is correct.

The 42nd Amendment of the Constitution of India

  • It was enacted in the year 1976.
  • It is officially known as the Constitution Act, of 1976.
  • It was enacted during the Emergency by the Indian National Congress Head Indira Gandhi. Hence, Statement 3 is correct.
  • Added three new Directive Principles viz., equal justice and free legal aid, the participation of workers in the management of industries, and protection of the environment, forests, and wildlife.
  • Provided for the creation of the All-India Judicial Service.
  • It is often called a "mini-Constitution" or the "Constitution of Indira".
  • The term of the Lok Sabha and State Legislative Assemblies extended to 6 years. Hence, Statement 4 is not correct.
  • Quorum requirements in the Parliament and state legislatures were abolished.
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