Q. With reference to consequences of emergency provisions on the legislative relations between centre and states, consider the following statements:
1. Upon proclamation of National emergency, the state legislatures are prohibited to make laws on matters related to state lists.
2. Laws made by the Parliament will continue to be operative even after revocation of the President’s rule.
3. Upon proclamation of President’s rule, generally the legislative power of states will be exercised by the President of India.
4. Upon proclamation of financial emergency, legislative power of states related to financial matters will be exercised by the Parliament.
How many of the above given statements are correct?
Exp) Option a is the correct answer
Statement 1 is incorrect: On the proclamation of National emergency, power of state legislatures to make laws on state lists is not restricted. It continues to have simultaneous legislative power along with Parliament.
Statement 2 is correct: It is true that on revocation of the President’s rule, a law made by the Parliament will continue to prevail unless it is repealed by the state legislative assembly. In contrast, laws made by Parliament during national emergency will cease to have any effect on the expiration of 6 months after revocation of national emergency.
Statement 3 is incorrect: On proclamation of the President’s rule, power of the state legislature cannot be exercised by the President but by the Parliament.
Statement 4 is incorrect: On proclamation of financial emergency, Parliament cannot assume the power of state legislature, however it empowers the Union government to give executive directions to any state to observe financial proprietary and to reduce the salaries and pensions of government employees of the state.
