Q. What are the effects of National Emergency on various aspects of Indian federal polity?
1. The Parliament can delegate the power to make laws on State subjects to any specified authority.
2. The President can cancel the transfer of finances from Centre to the States.
3. The President can extend the life of a State Legislative Assembly beyond its normal term.
Select the correct answer using the code given below:
Exp) Option b is the correct answer.
Statement 1 is incorrect. During a national emergency, the Parliament can make laws on the subjects enumerated in the State List only by itself, that is, it cannot delegate the same to any other body or authority. During President’s rule the Parliament can delegate the power to make laws for the state to the President or to any other authority specified by him.
Statement 2 is correct. 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 3 is incorrect. While a proclamation of National Emergency is in operation, the life of the state legislative assembly 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.
