UPSC IAS / IPS

Article 356 (Emergency Provisions) allows the President to declare President's Rule (National Emergency at state level) when satisfied that the constitutional machinery has broken down and the state cannot be governed according to the Constitution.

This typically follows dismissal of the state government.

The President acts on the advice of the Council of Ministers but the constitutional ground is the failure of constitutional governance in the state.

Article 80 specifies that Rajya Sabha has a maximum strength of 250 members (238 elected + 12 nominated by President).

Lok Sabha has 545 members including 2 Anglo-Indians nominated by President (not 545 including nominated members separately).

Lok Sabha members serve 5-year terms, not 6.

Rajya Sabha members are elected by state legislatures, not directly elected by universal adult suffrage.

The Preamble mentions: Sovereign, Socialist, Secular, Democratic Republic, Justice, Liberty, Equality, and Fraternity. 'Federal' is not explicitly stated in the Preamble, though federalism is incorporated through Articles 1-7 and other constitutional provisions. 'Socialist' and 'Secular' were added by the 42nd Amendment in 1976.

The Right to a Pollution-free Environment and the Right to Live in a Healthy Environment have been read into Article 21 through landmark judgments (Subhash Kumar v.

State of Bihar, 1991; M.C.

Mehta v.

Union of India, 1992).

While Right to Information was later codified (RTI Act, 2005) and Right to Education became Article 21A (86th Amendment, 2002), the environmental right exists only through judicial interpretation of Article 21.

Article 356 provides for President's Rule in a State when constitutional machinery breaks down.

While the President can assume powers and dissolve the assembly, the Chief Minister is not automatically required to resign—though the government typically loses confidence.

The proclamation must be approved by both Houses of Parliament within 2 months (Art. 356(4)).

Option B is incorrect as it states a mandatory requirement that doesn't exist in the Constitution.

A Delimitation Commission is constituted by the Government of India under Article 82 (for Lok Sabha) and Article 170 (for State Assemblies) to redraw constituency boundaries.

The most recent Delimitation Commission was constituted in 2008.

The Election Commission implements these delimitations.

Statement 1 is correct - Speaker elected by Lok Sabha members.

Statement 2 is correct - Speaker has casting vote only in case of tie.

Statement 3 is incorrect - Speaker presides over joint sessions.

Statement 4 is incorrect - Speaker can be removed by a resolution supported by majority of total membership, not just a no-confidence motion.

Article 32 provides for writs of Habeas Corpus, Mandamus, Certiorari, Prohibition, and Quo Warranto.

Specific Performance is an equitable remedy available under civil law but not as a constitutional writ remedy under Article 32.

Article 312 empowers Parliament to create new All-India Services by a two-thirds majority resolution in the Rajya Sabha during a National Emergency or with the consent of states in normal circumstances.

This allows flexibility in creating services like IAS, IPS without constitutional amendment.

Article 245 deals with territorial extent of laws, Article 309 with service conditions, and Article 320 with the Union Public Service Commission.

Article 356 deals with the proclamation of President's Rule when the President is satisfied that the machinery of government in a state cannot be carried on in accordance with the Constitution.

Under this article, the President can recommend the dissolution of the State Legislative Assembly.

Article 357 deals with the effects of proclamation, Article 358 with suspension of fundamental rights during National Emergency, and Article 359 with suspension of the enforcement of rights.