Which one of the following is not an automatic consequence of the proclamation of emergency?
A. Suspension of enforcement of fundamental rights except those conferred by Articles 20 and 21
B. Extension of the Union's executive power to issue of directions to any State as to the manner in which its executive power has to be exercised
C. Extension of the power of Parliament to the making of legislation in regard to items of the State List
D. Suspension of Article 19
Answer: Option A
This Question Belongs to Law >> Constitution Of India
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Chief Election Commissioner of India may be removed by
A. Resolution of cabinet by two third majority
B. Resolution of both houses
C. On recommendation of Chief Justice of India
D. None of these
The largest committee of Parliament of India is
A. Public Accounts Committee
B. Estimates Committee
C. Committee on Public Undertakings
D. Joint Parliamentary Committee
A. Only 1
B. Only 2
C. Both 1 and 2
D. Neither 1 nor 2
A. 3 months
B. 6 months
C. 6 weeks
D. 15 days
Option B and C are automatic consequences of emergency as provided under S.353.
Article 353 of the Indian Constitution outlines the effect of a Proclamation of Emergency. When a Proclamation of Emergency is in operation, it significantly alters the distribution of power between the Union (central government) and the States. Specifically, Article 353(a) allows the Union's executive power to extend to giving directions to any State on how to exercise its executive power. Additionally, Article 353(b) empowers Parliament to make laws that confer powers and impose duties, or authorize the conferring of powers and the imposition of duties, upon the Union or its officers and authorities,
even on matters that are not typically within the Union's legislative domain I.e. even state list.
Option- D, is also an automatic consequences of emergency acc to Article - 358- Suspension of Art 19 during Emergency.
However option A - is although true statement but it is not a direct consequence similar to other options.
Because acc to art 359(1)-
(1) Where a Proclamation of Emergency
is in operation, THE PRESIDENT MAY BY ORDER (which means that a presidents order is necessary, f.r. except 20 and 21 are not automatically suspended)- declare that the right to move any court for the enforcement of such of the rights
conferred by Part lll (except articles 20
and 21) as may be mentioned in the order
and all proceedings pending in any court
for the enforcement of the rights so
mentioned shall remain suspended for the
period during which the Proclamation is in
force or for such shorter period as may be
specified in the order.