Q. Which of the following can occur consequent to the proclamation of national emergency in India?
1. The President can either increase or reduce but cannot cancel the transfer of finances from Centre to the states.
2. The life of Lok Sabha can be extended beyond its normal term of five years.
3. The President can issue ordinances on the state subjects.
Select the correct answer using the code given below:
Exp) Option c is the correct answer.
The Constitution envisages National emergency on the ground of war or external aggression or armed rebellion (Article 352).
Statement 1 is incorrect: While a proclamation of national emergency is in operation, the President can modify the constitutional distribution of revenues between the centre and the states. This means that the president can either reduce or cancel the transfer of finances from Centre to the states. Such modification continues till the end of the financial year in which the Emergency ceases to operate. Also, every such order of the President has to be laid before both the Houses of Parliament.
Statement 2 is correct: While a proclamation of National Emergency is in operation, the life of the Lok Sabha may be extended beyond its normal term (five years) by a law of Parliament for one year at a time (for any length of time). However, this extension cannot continue beyond a period of six months after the emergency has ceased to operate.
Statement 3 is correct: While a proclamation of national emergency is in operation, the President can issue ordinances on the state subjects also, if the Parliament is not in session. During a national emergency, the Parliament becomes empowered to make laws on any subject mentioned in the State List. Although the legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament.
