GK Question

polity hard mcq

During a National Emergency under Article 352, the powers of State Legislature:

  1. Are completely abolished and taken over by Parliament
  2. Continue to exist but Parliament can legislate on State List subjects under Article 250
  3. Are suspended until Emergency ceases
  4. Are transferred to Governor permanently

Answer: Continue to exist but Parliament can legislate on State List subjects under Article 250

State Legislature during Emergency: (a) Article 250: During Emergency, Parliament can legislate on any matter in State List, (b) State Legislature continuity: (i) State Legislature not abolished; continues to function, (ii) Parliament's concurrent power: Parliament can legislate on State List subjects for coordinated crisis response, (iii) Conflict resolution: Union law prevails in case of conflict with State law (Article 254), (iv) Post-Emergency: Parliament's laws on State List cease after 6 months; State Legislature resumes exclusive power, (c) Rationale: Enable unified national response to existential threats while preserving State legislative domain post-crisis, (d) Applications: (i) 1962, 1971 Emergencies: Parliament legislated on defence, security matters affecting States, (ii) Post-Emergency: Parliament's laws ceased after 6 months; State legislative autonomy restored, (e) Illustrates adaptive federalism: Temporary enhancement of Union legislative power for crisis management, reversible post-Emergency to restore State autonomy; balance between national security and federal autonomy.

Topic Article 352 - Effect on State Legislature During Emergency
Exam Relevance State Legislature during Emergency critical for UPSC Mains and Judiciary exams