GK Question

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During President's Rule under Article 356, the powers of the State Legislature are exercisable by or under the authority of ______, enabling legislative continuity during constitutional breakdown while preserving State legislative domain for post-Emergency restoration.

  1. Prime Minister
  2. President
  3. Chief Justice
  4. Governor

Answer: President

State Legislature during President's Rule: (a) Article 356(1)(a): President may declare that powers of State Legislature shall be exercisable by or under authority of Parliament, (b) Practical implementation: (i) Parliament can legislate on State List subjects for that State, (ii) Laws made by Parliament during President's Rule can be amended/repealed by State Legislature after restoration, (iii) State Assembly may be suspended or dissolved; if suspended, can be revived; if dissolved, fresh elections required, (c) Rationale: Ensure legislative continuity during constitutional breakdown while preserving State legislative domain for post-Emergency restoration; balance between administrative necessity and democratic restoration, (d) SR Bommai safeguard: Parliament's legislative power during President's Rule subject to judicial review for constitutional compliance; cannot destroy basic structure (federalism, secularism), (e) Applications: (i) Historical use: Article 356 used over 120 times; SR Bommai (1994) curbed political misuse, (ii) Post-1994: Duration more strictly monitored; floor test principle reinforced, (f) Illustrates federal balance: Temporary Union legislative intervention with clear path to State democratic restoration; judicial oversight ensures constitutional compliance.

Topic Federalism - Article 356 State Legislature Powers During President's Rule
Exam Relevance President's Rule legislative arrangement frequently asked in UPSC and State PSC exams