Effects of Proclamation of Emergency


 
 
Concept Explanation
 

Effect of Proclamation of Emergency

  •  Expanding the Executive Power of the Union :
  • During the Emergency, the executive power of the Union will be extended to give instructions to a state about how that State can use its executive powers.
  • The State government is not dissolved during the National Emergency, yet the executive power of the State is under the complete control of the executive of the Union (Art 353 (a).
  • The term of the Lok Sabha may be extended by the Parliament for one year at a time during the Emergency Parliament may also extend the term of the State Legislative Assembly.
  •  Extended term of the Lok Sabha will end by itself after 6 months of the end of the Emergency.
  • The term of the 5th Lok Sabha has been extended twice by one year. Thus, the term of the fifth Lok Sabha has been extended for 7 years. (1971-1977).
  • During the Emergency, Parliament enjoys the power to make laws on any subject of the State List.
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    Sample Questions
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    Question : 1

    Which of the following are correct according to 'Effect of Proclamation of Emergency' :

    (a) The President can suspend the enforcement of all Fundamental Rights except Articles 28.

    (b)  Extended term of the Lok Sabha will end by itself after 1 year of the end of the Emergency.

    Right Option : D
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    Explanation
    Question : 2

    Which of the following are correct according to 'Effect of Proclamation of Emergency' :

    (a) The Fundamental Rights provided in Article-19 can be suspended only during a emergency.

    (b) The Fundamental Rights provided in Article-20 can be suspended only during a emergency.

    (c) The Fundamental Rights provided in Article-21 can be suspended only during a emergency.

    Right Option : A
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    Explanation
    Question : 3

    Which of the following are correct :

    (a) During the Emergency, the power of law making of the State Legislature does not cease but is suspended.

    (b) The law made by Parliament expires after 6 months if the proclamation is not implemented, mentioned in Art. 250.

    (c) During an emergency, the President can by order change the constitutional provisions related to the allocation or distribution of financial resources between the centre and States

    Right Option : D
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    Explanation
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