Question

Which Article of the Constitution of India deals with the effect Proclamation of Emergency?

• A. Article 345
• B. Article 353
• C. Article 368
• D. Article 385

Hint:

Article 352 is for the Proclamation of National Emergency, while the very next Article, Article 353, details the "effects" of this proclamation on the state-center relationship.

Answer 1

The Correct Option is B

Step 1: Understanding the Question:
The question requires us to identify the specific article of the Indian Constitution that defines the legal and administrative effects of a Proclamation of Emergency.
We need to distinguish between different articles under Part XVIII (Emergency Provisions) and other parts of the Constitution.


Step 2: Key Principle / Approach:
Part XVIII of the Constitution contains the Emergency Provisions (Articles 352 to 360). Article 352 deals with the Proclamation itself, while Article 353 describes the consequences and effects of such a proclamation on the division of executive and legislative powers.


Step 3: Detailed Explanation:

• A Proclamation of Emergency drastically alters the federal structure of India, converting it into a virtually unitary system.

• Article 353 explicitly outlines these changes under the heading "Effect of Proclamation of Emergency".

• It states that during an active emergency, the executive power of the Union extends to giving directions to any State as to the manner in which its executive power is to be exercised.

• Furthermore, it empowers Parliament to make laws on subjects in the State List (List II) that would normally be under the exclusive competence of State Legislatures.

• Article 345 deals with official languages of States, which is unrelated to emergency provisions, making option (A) incorrect.

• Article 368 deals with the amendment power and procedure of the Constitution, making option (C) incorrect.

• Article 385 was a transitional provision that has since been repealed, making option (D) incorrect.



Step 4: Final Answer:
Article 353 deals with the effects of a Proclamation of Emergency, corresponding to Option (B).