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Which of the following doctrine/s ceases to exist after the proclamation of National Emergency under article 352 of the Constitution?
1. Doctrine of Separation of Power
2. Doctrine of Subsidiarity
3. Doctrine of Judicial review
Select the correct answer using the code given below.
1 only
2 only
2 and 3 only
1, 2 and 3
Doctrine of Separation of Power: It divides the institutions of government into three branches: legislative, executive and judicial. During emergencey, high courts still functions as per their jurisdiction. Hence this doctrine prevails during National emergency. Doctrine of subsidiarity: It stipulate that functions shall be carried out closest to citizens at the smallest unit of governance possible and delegated upwards only when the local unit cannot perform the task.This doctrine ceases to exist during national emergencies as the central government can legislate on any state subjects and can issue any executive orders to states during emergency. Doctrine of Judicial review: It is court’s power to review the actions of other branches or levels of government, especially the courts’ power to invalidate legislative and executive actions as being unconstitutional. This doctrine exists during emergency. For example Bihar Assembly Dissolution case.
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