Multiple choice

Under which of the following conditions can the duration of emergency declared under Article 356 be extended beyond the period of one year?

  1. If a proclamation of emergency under Article 352 is in operation
  2. If the Supreme Court certifies that it is in favour of the State due to absence of any party having majority votes
  3. If the Election Commission certifies that the general elections to the legislative assembly of the concerned state cannot be held on account of difficulties
  4. If the Governor of the state concerned reports to the President that no party is able to secure the required majority

  1. Only 3

  2. Only 1 and 3

  3. Only 1, 3 and 4

  4. Only 3 and 4
Reveal answer Fill a bubble to check yourself
B Correct answer
Explanation

The 44th Amendment Act of 1978 introduced a new provision to put restraint on the power of the Parliament to extend a proclamation of emergency under Article 356. It provided that the President rule can be extended by six months at a time, beyond the period of one year, only when two conditions are fulfilled:

1. If a proclamation of emergency under Article 352 is in operation

  1. If the Election Commission certifies that the general elections to the legislative assembly of the concerned state cannot be held on account of difficulties

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