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Indian Polity Centre - State Relations

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Which of the following changes is affected during the emergency due to constitutional breakdown of the state machinery?

1. the President can assume to himself all or any of the functions of the Government of the state

2. the President can assume the powers of the High Court of the state

3. the President can declare that the powers of the legislature of the state shall be exercised by the Parliament

4. the President can promulgate, when the Parliament is not in session, ordinances for the governance of the State.

StaSSelect the correct code:

1, 2, 4

1, 3, 4

2, 3, 4

1, 2, 3

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Explanation:

under Article 356 of the President on the basic of a report from the Governor of a State if satisfied that the administration of the State cannot be carried on in accordance with constitutional provision may declare break down of constitutional machinery of the State and assume all or any of the functions of the State Government.
On the imposition of emergency under Article 356 on the ground of breakdown of constitutional machinery of the State; the following may take place
i. The President can assume the powers of the State Government or any other executive authority in the state.
ii. Can take all other necessary steps including the suspension of the constitutional provisions relating to anybody or authority in the State.
iii. The President can either suspend or dissolve the State Legislative Assembly. During the State emergency the Parliament passes the State Legislative Bills and the State budget.
However, the President cannot assume to himself the powers vested in the concerned State High Court or suspend the provisions of the Constitution relating to it.
At the same time Article 365 ensures that if any State fails to comply with or to give effect to the directions given by the Union , it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution.