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Question

19. Consider the following statements in the light of emergencies.

1. The maximum constitutional validity of the Presidents Rule under article 356 is 3 years.

2. The Financial Emergency, under article 360, continues indefinitely unless revoked by the President.

Which of the above statements is/are correct?


A

Only 1

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B

Only 2

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C

Both

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D

None

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Solution

The correct option is C

Both


Refer to articles 356 and 360.

State Emergency or the President’s Rule

Both the houses of Parliament must pass such a resolution within two month from the date its issue. Once ratified emergency shall operate for a maximum period of not more than 6 months. Further parliament can extend state emergency for a term of not more than 6 months. Apart from this 1 year of operation of state emergency. Parliament can authorize the continuance for a further period of 2 years if some conditions are fulfilled-

a. National emergency shall be in operation over whole of the state or any part thereof

b. Election Commission shall certify that under the existing situation general election to state legislative assembly cannot be held. Parliament can permit the extension in to this extraordinary period each time for a period of not more than 6 months.

Financial Emergency

If the President is satisfied that financial stability or credibility of India or a part thereof is threatened then he can proclaim emergency to that effect. All such proclamations can be varied or removed by President. Financial emergency must be approved by both the houses of parliament within 2 months of its proclamation. Once it is approved it will remain till President revokes it.


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