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Which of the following statements about the duration of State Emergency is correct?

  1. i. The proclamation, under Article 356, will cease to operate at the expiry of two months unless both houses of the Parliament have approved it before that period.
  2. ii. A proclamation issued under Article 356 can be in force normally for one year at a stretch.
  3. iii. Parliament can extend the period of State emergency beyond one year, if the Election Commission certifies that it is necessary on account of the difficulties in holding the general elections to Legislative Assembly of the concerned state.
  4. iv. Parliament can extend the period of State Emergency beyond one years if a proclamation of emergency under Article 352 is in operation.

  1. i. The proclamation, under Article 356, will cease to operate at the expiry of two months unless both houses of the Parliament have approved it before that period.
  2. ii. A proclamation issued under Article 356 can be in force normally for one year at a stretch.
  3. iii. Parliament can extend the period of State emergency beyond one year, if the Election Commission certifies that it is necessary on account of the difficulties in holding the general elections to Legislative Assembly of the concerned state.
  4. iv. Parliament can extend the period of State Emergency beyond one years if a proclamation of emergency under Article 352 is in operation.

    Aiii, iv

    BNone of these

    Ciii only

    DAll of these

    Answer:

    D. All of these

    Read Explanation:

    • Statement i is CORRECT: A proclamation of President's Rule under Article 356 must be approved by both Houses of Parliament within two months from the date of its issue. If Parliament fails to approve it within this period, the proclamation ceases to operate.

    • Statement ii is CORRECT: Under standard constitutional provisions (as modified by the 44th Constitutional Amendment Act, 1978), President's Rule can normally be extended up to one year in total (in 6-month increments).

    • Statement iii is CORRECT: Extension beyond the one-year mark requires special conditions added under the 44th Amendment Act, 1978. One such condition is if the Election Commission certifies that holding general elections to the Legislative Assembly of the state concerned is difficult.

    • Statement iv is CORRECT: The second condition under the 44th Amendment Act to extend President's Rule beyond one year is if a Proclamation of National Emergency (under Article 352) is in operation in the whole of India, or in the whole or any part of that State.


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