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Question

Consider the following statements :

(a) The term of Legislative Assembly can be extended in case of proclamation of National Emergency by the President.

(b) The President shall have the power to extend the term of Legislative Assembly for six months at a time during Emergency.

(c) The extension of Legislative Assembly cannot continue beyond a period of six months after the Emergency has ceased to operate.

Which of the statements given above is/are correct?

The correct answer is

(a) and (c)

Understanding Legislative Assembly Term Extension During National Emergency

The question asks about the conditions and limitations regarding the extension of the term of a Legislative Assembly during a National Emergency in India. Let's examine each statement based on the constitutional provisions.

The relevant constitutional provision is Article 172(1), which states that the term of a Legislative Assembly is five years from the date appointed for its first meeting. However, the proviso to Article 172(1) allows for an exception during a Proclamation of Emergency.

Analyzing the Statements on Legislative Assembly Term

Let's look at each statement provided:

  • Statement (a): The term of Legislative Assembly can be extended in case of proclamation of National Emergency by the President.

    During a Proclamation of National Emergency (proclaimed by the President under Article 352), the term of a Legislative Assembly can indeed be extended. This extension is done by law made by Parliament. While statement (a) mentions "by the President", the President proclaims the emergency, which is the necessary condition that allows Parliament to extend the term. Therefore, in the context of the impact of a National Emergency, this statement is considered correct as the proclamation by the President initiates the situation where extension becomes possible by Parliament.

  • Statement (b): The President shall have the power to extend the term of Legislative Assembly for six months at a time during Emergency.

    This statement is incorrect for two main reasons. First, the power to extend the term of a Legislative Assembly during a National Emergency rests with the Parliament, not the President. Parliament makes a law to extend the term. Second, the extension by Parliament can be for a period not exceeding one year at a time, not six months.

  • Statement (c): The extension of Legislative Assembly cannot continue beyond a period of six months after the Emergency has ceased to operate.

    This statement is correct. The proviso to Article 172(1) clearly states that any extension of the term of a Legislative Assembly made while a Proclamation of Emergency is in operation "shall not in any case continue for more than six months after the Proclamation has ceased to operate". This sets a definite limit on how long the extended term can last after the emergency ends.

Based on the analysis, statements (a) and (c) correctly describe aspects of extending the term of a Legislative Assembly during and after a National Emergency, while statement (b) is incorrect regarding who extends the term and the duration of extension per instance.

Therefore, the correct statements are (a) and (c).

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Important Questions from Parliament and State Legislature

  1. How many members represent the state of Uttar Pradesh in Lok Sabha?

  2. How many members of the Rajya Sabha can be nominated by the President of India?

  3. Which of the following Indian state has the maximum number of Vidhan Sabha seats in the House?

  4. What will happen ?

    Supposing a Constitutional amendment bill related to amend article 368 of the Constitution is under consideration in Lok Sabha. 270 members are present there. In the voting all present members vote in the favour of the bill. The bill.

  5. Which amongst the following states sends highest number of parliamentarians in Lok Sabha?

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