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Difficulty: Very hardFederal System, Centre-State Relations, and Emergency Provisions

With reference to the legislative relations between the Centre and States and Emergency Provisions under the Constitution of India, consider the following statements:

1. Under Article 249, a resolution passed by the Rajya Sabha empowering Parliament to legislate on a matter in the State List remains in force for such period as specified in the resolution, not exceeding one year at a time.
2. A law enacted by Parliament pursuant to a resolution under Article 249 ceases to have effect on the expiration of six months after the resolution has ceased to be in force.
3. When a proclamation of National Emergency under Article 352 is in operation on the grounds of armed rebellion, the fundamental rights under Article 19 are automatically suspended throughout India under Article 358.
4. A proclamation imposing President's Rule under Article 356 must be approved by both Houses of Parliament within two months from the date of its issue by a special majority in each House.

Which of the statements given above are correct?

  1. 1 and 2 onlyAnswer
  2. B
    1, 2, and 3 only
  3. C
    2 and 4 only
  4. D
    1, 3, and 4 only

Answer

The correct option is the one stating that statements 1 and 2 only are correct.
Statements 1 and 2 correctly reflect the provisions of Article 249 of the Indian Constitution, where Rajya Sabha can authorize Parliament to legislate on a State List subject for up to one year at a time, and such parliamentary laws remain valid for six months after the resolution lapses. Statement 3 is wrong because Article 358 suspends Article 19 only during external aggression or war, not armed rebellion. Statement 4 is wrong because Article 356 requires approval by a simple majority rather than a special majority.

Step-by-Step Solution

1
Analyze Statement 1 regarding Article 249 resolution duration
Article 249(2) states that a resolution passed by Rajya Sabha declared by 2/32/3 majority present and voting remains in force for such period specified therein not exceeding one year. It can be renewed repeatedly for one year at a time.
Verify constitutional duration constraint for Rajya Sabha state list resolution.
2
Analyze Statement 2 regarding post-resolution parliamentary law validity
Article 249(3) explicitly specifies that a law made by Parliament shall cease to have effect on the expiration of a period of six months after the resolution has ceased to be in force.
Verify legal sunset clause under Article 249.
3
Analyze Statement 3 regarding Article 358 application during armed rebellion
As per the 44th Constitutional Amendment Act (1978), Article 358 operates only when a National Emergency is proclaimed on grounds of war or external aggression (external emergency). It does not apply to armed rebellion (internal emergency).
Check 44th Amendment safeguards on Fundamental Rights during National Emergency.
4
Analyze Statement 4 regarding parliamentary approval majority for President's Rule (Article 356)
A proclamation under Article 356 requires approval by both Houses within two months by a simple majority (majority of members present and voting). Special majority is required under Article 352 (National Emergency), not Article 356.
Distinguish approval majority requirements across different types of emergency provisions.

Key Concept

Centre-State Legislative Relations (Article 249) and Parliamentary/Constitutional nuances of Emergency Provisions (Articles 352, 356, and 358/359)
Estimated Time:2m 30s
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Topics

Federal System, Centre-State Relations, and Emergency Provisions

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