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Question

Under what Article of the Constitution of India can the President take over the administration of a state in case its constitutional machinery breaks down?

The correct answer is

Article 356

Understanding Article 356 of the Indian Constitution

The question asks about the specific Article in the Constitution of India that allows the President to assume the administration of a state when its constitutional machinery fails. This situation is commonly referred to as President's Rule in a state.

What is President's Rule?

President's Rule is a provision in the Indian Constitution that allows the central government to take direct control of state government machinery if it is unable to function according to constitutional provisions. This is an emergency power granted to the Union government.

The Relevant Constitutional Article

The power for the President to take over the administration of a state in case of the breakdown of constitutional machinery is explicitly mentioned in Article 356 of the Constitution of India.

  • Article 356 states that if the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may issue a Proclamation.
  • This Proclamation can empower the President to assume to himself all or any of the functions of the Government of the State, or the powers vested in or exercisable by the Governor, or anybody or authority in the State other than the Legislature of the State.

Why Other Options Are Incorrect

Let's briefly look at the other options provided:

  • Article 83: This Article deals with the duration of Houses of Parliament. It specifies the term for the Council of States (Rajya Sabha) and the House of the People (Lok Sabha). It has no relation to the breakdown of state constitutional machinery.
  • Article 352: This Article deals with the Proclamation of Emergency, also known as National Emergency. It is invoked in situations of war, external aggression, or armed rebellion affecting the security of India or any part of its territory. While it is also an emergency provision, it is distinct from the breakdown of constitutional machinery in a state dealt with by Article 356.
  • Article 343: This Article is concerned with the Official Language of the Union. It declares Hindi in Devanagari script to be the official language of the Union. This Article is unrelated to state administration or emergency powers.

Based on the functions described in these Articles, it is clear that only Article 356 addresses the scenario where the President takes over a state's administration due to the failure of its constitutional machinery.

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Important Questions from Basics of Constitution

  1. Who among the following introduced the ‘Objective Resolution’ in the Constituent Assembly on 13 th December, 1946?

  2. Which one of the following is correct in respect of total number of States and Union Territories in India?
  3. Who among the following American Presidents described democracy as "Government of the People, for the People and by the People"?
  4. The real beginning of western education in India can be dated from
  5. Which one of the following is included in Article 51A (Part-IV A) of the Constitution of India?

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