Question

Which one of the statements is not true regarding proclamation of Emergency under Article 356 __________________________.

• A. In absence of approval of the Parliament, the proclamation would lapse at the end of the two-month period
• B. The Government which was dismissed cannot be revived after lapse of Proclamation in any case
• C. If Assembly had been dissolved, it would not revive on the expiry of period of proclamation
• D. None of the above

Answer 1

Answer: (B)

The Government which was dismissed cannot be revived after lapse of Proclamation in any case

Article 356 of the Constitution of India provides for the President’s Rule. It is the emergency that is invoked by the President if he gets satisfied with the report of the Governor that there is the failure of constitutional machinery in the state. It remains into force for 2 months unless approved by the parliament where it can be sustained for 6 months. All the power of the state legislature is assumed or delegated to the central legislature by the president. The government which was dismissed during the emergency can be revived after the lapse of the proclamation by elections or confidence in the legislature.