Working of Institutions Test - 21

Option A is the correct answer as the State Government cannot legislate during emergency. Under Article 352, the State Government is not dismissed and continues to function during emergency. However, The Centre gets concurrent powers of legislation and administration in the State. The Parliament can legislate with respect to state subjects.

Financial emergency under Article 360 must be approved by the parliament within two months by a simple majority.  A state of financial emergency remains in force indefinitely until revoked by the President. The President is empowered to take following actions during this time:
• The president can reduce the salaries of all government officials, including judges of the supreme court and high courts, in cases of a financial emergency.
• All money bills passed by state legislatures are submitted to the president for approval.
• He can direct the state to observe certain principles (economy measures) relating to financial matters.
However, the President can suspend the normal allocation of revenues during the period of financial emergency.

Option C is the correct answer as Article 352 states that if approved by both the Houses, the emergency continues for six months and can be extended to indefinite period with an approval of the Parliament for every six months.

The Constitution of India has provided for imposition of emergency caused by war, external aggression or internal rebellion. This is described as the National Emergency. This type of emergency can be declared by the President of India if he is satisfied that the situation is very grave and the security of India or any part thereof is threatened or is likely to be threatened either, by war or external aggression by armed rebellion within the country.

The declaration of National Emergency has effects both on the rights of individuals and the autonomy of the states.  The Fundamental Rights under Article 19 are automatically suspended and this suspension continues till the end of the emergency.

In normal times, the Union Parliament can legislate on any item in the State List if the Rajya Sabha passes a resolution to that effect by 2/3rd majority. According to Article 249 of the Constitution, if the Rajya Sabha passes any of the subjects of the state list with 2/3 majority of the present and eligible voters of the House, declaring the subjects to have national importance, then on that subject parliament acquires the power to legislate i.e. to make laws. This can be implemented for one year. If Rajya Sabha wants, the term of one year can be increased to one more year.

The Fourth Schedule to the Constitution provides for allocation of seats to the States and Union Territories in Rajya Sabha.  The allocation of seats is made on the basis of the population of each State.  Consequent on the reorganization of States and formation of new States, the number of elected seats in the Rajya Sabha allotted to States and Union Territories has changed from time to time since 1952.