Which of the following changes are affected during the declaration of emergency due to constitutional breakdown of the State machinery?
- The President can assume to himself any or all the powers /functions of the Government of the State.
- The President can declare that the powers of the Legislature of the State shall be exercised by the Parliament.
- The President can assume the powers of the High Court of the State.
- The President can suspend the operation of any provision of the Constitution relating to the body or authority in the State if he feels it is desirable to do so for attaining the objectives of the Emergency.
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Only 1, 2 and 3
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Only 1, 3 and 4
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Only 1, 2 and 4
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All of the above
C
Correct answer
Explanation
Article 356 of the Indian Constitution says, “If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution, he may:
1. assume to himself any or all the powers /functions of the Government of the State.
2. declare that the powers of the Legislature of the State shall be exercised by the Parliament.
3. suspend the operation of any provision of the Constitution relating to the body or authority in the State if he feels it is desirable to do so for attaining the objectives of the Emergency.
However, the President cannot assume to himself any of the powers vested in the State High Court.