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Polity 6 Key
Polity 6 Key
Polity 6 Key
1. A
The President can declare emergency only after receiving a written
recommendation from the cabinet. This safeguard was introduced by the
44th Amendment Act of 1978 to eliminate any possibility of Prime
Minister alone taking a decision in this regard.
The proclamation must be approved by both the houses of Parliament
within one month from the date of issue. However, if the proclamation of
emergency is issued at a time when the Lok Sabha has been dissolved or
dissolution of the Lok Sabha takes place during the period of one month
without approving the proclamation, then the proclamation survives until
30 days from the first sitting of the Lok Sabha after its reconstitution,
provided Rajya Sabha has approved it meantime.
A proclamation of emergency may be revoked by the President any time
by a subsequent proclamation. Such a proclamation does not require the
parliamentary approval. The President must revoke a proclamation if the
Lok Sabha passes a resolution disapproving its continuation .this was
also introduced by the 44th Amendment Act of 1978.
2. B
Statement 1 >> Incorrect
According to the 44th Amendment Act of 1978, six fundamental rights
under Article 19 can be suspended only when National Emergency is
declared on the ground of war or external aggression and not on the
grounds of armed rebellion. It restricted the scope of Article 358.
Statement 2 >> Correct
Similarly, the 44 Amendment act made it clear that protection in respect
of conviction of offenses (Article 20) and right to life and personal liberty
(Article 21) remain enforceable even when emergency is in operation. It
restricted the scope of Article 359.
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3. D
Statement 1, 2 >> Incorrect
Neither the Lok Sabha nor the State Legislative can be dissolved due to
the proclamation of National Emergency. During a National Emergency,
the Parliament becomes empowered to make laws on any subject
mentioned in the State List. Although the legislative power of a state
legislature is not suspended, it becomes subject to the overriding power
of the Parliament. Thus, the normal distribution of the legislative powers
between the Centre and states is suspended, though the states
Legislatures are not suspended.
Statement 3>>Incorrect
While a proclamation of National Emergency is in operation, the life of
the Lok Sabha may be extended beyond its normal term (five years) by a
law of Parliament for one year at a time (for any length of time). However,
this extension cannot continue beyond a period of six months after the
emergency has ceased to operate. Similarly, the Parliament may extend
the normal tenure of a state legislative assembly (five years) by one year
each time (for any length of time) during a national emergency, subject to
a maximum period of six months after the Emergency has ceased to
operate. But it is not a necessary consequence of the proclamation of
National emergency
NB: Question is to identify the incorrect statements, which are 1, 2 and 3
4. C
Statement 1 >> incorrect
The inability of a state government to prove its majority in the floor of the
house results doesn t result in automatic application of President s
rule. The President s Rule can be proclaimed under Article 356 on two
grounds ”one mentioned in Article 356 itself and another in Article 365:
Article 356 empowers the President to issue a proclamation, if he is
satisfied that a situation has arisen in which the government of a state
cannot be carried on in accordance with the provisions of the
Constitution.Article 365 says that whenever a state fails to comply with
or to give effect to any direction from the Centre, it will be lawful for the
president to hold that a situation has arisen in which the government of
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the state cannot be carried on in accordance with the provisions of the
Constitution
Statement 2 >> correct
The President acquires the following extraordinary powers when the
Presidents Rule is imposed in a state: He can take up the functions of
the state government and powers vested in the governor or any other
executive authority in the state. He can declare that the powers of the
state legislature are to be exercised by the Parliament. He can take all
other necessary steps including the suspension of the constitutional
provisions relating to anybody or authority in the state. Therefore,
when the Presidents Rule is imposed in a state, the President dismisses
the state council of ministers headed by the chief minister .The state
legislature is either suspended or dissolved. The president administers
the state through the governor and the Parliament makes laws for the
state. In brief, the executive and legislative powers of the state are
assumed by the Centre
Statement 3 >> incorrect
The 38th Amendment Act of 1975 made the satisfaction of the President
in invoking Article 356 final and conclusive which could not be
challenged in any court on any ground. But, this provision was
subsequently deleted by the 44th Amendment Act of 1978 implying
that the satisfaction of the President is not beyond judicial review. In
SR Bommai vs Union of India case, the Supreme Court held that the
proclamation under Article 356(1) is not immune from judicial review.
The validity of the Proclamation issued by the President under Article
356(1) is judicially reviewable to the extent of examining whether it was
issued on the basis of any material at all or whether the material was
relevant or whether the Proclamation was issued in the malafide exercise
of the power. The Supreme Court or the High court can strike down the
proclamation if it is found to be malafide or based on wholly irrelevant or
extraneous grounds
Approach
Questions like these in polity can be approached easily if you follow the
newspaper regularly. A recent example where Supreme Court reinstated
the government of Arunachal Pradesh which was dismissed when
20. B
The Budget announced plans to develop and upgrade existing 22,000
rural haats into Gramin Agricultural Markets (GrAMs) to take care of the
interests of more than 86% small and marginal farmers.
Statement 1 >> Incorrect
These GrAMs will be linked to the e-NAM platform but exempt from the
APMC regulations. APMC acts are put forward by the state and have a
number of lacunae that restrict the farmer from entering into direct
contract with any processor/ manufacturer/consumer. The e-NAM and
GrAMs on the contrary try to facilitate direct sale of farm produce, thus
exempt from APMC regulations.
Statement 2 >> Correct
They provide farmers with facility to make direct sale to consumers to cut
down on intermediaries and ensure better remunerative prices.
21. D
Kisan Credit Card scheme was introduced in 1998 with the aim to
provide adequate and timely short-term credit needs of farmers during
the cropping season.
Option (A) >> Correct
Joint liability groups or self-help groups (SHGs) of farmers are eligible
to apply for Kisan Credit Cards
Option (B) >> Correct