[Solved] The Governor recommends to the President of India that breakdown of Constitutional machinery in the State is imminent. The President makes a proclamation under Article 356. The action of the President:

Q.	The Governor recommends to the President of India that breakdown of Constitutional machinery in the State is imminent. The President makes a proclamation under Article 356. The action of the President:
A.	cannot be reviewed as the President is the sole judge of his emergency powers
B.	cannot be reviewed as the Constitution bars the courts from reviewing political actions
C.	can be reviewed as it goes against Fundamental Rights
D.	can be reviewed as it is malafide
Answer» D. can be reviewed as it is malafide

1.8k

Do you find this helpful?

View all MCQs in

Indian Polity and Constitution

Discussion

No comments yet

Related MCQs

During a proclamation of emergency due to the breakdown of constitutional machinery in a State the President can I. assume all powers vested in and exercisable by the Governor II. declare that the powers of the State Legislature shall be exercised by Parliament III. assume certain powers of the High Courts IV. suspend by order any or all Fundamental Rights except those under Articles 20 and 21
Consider the given statements and choose the correct response on them. 1. A person can be appointed as Governor of more than one State. 2. A Governor's salary is charged on the Consolidated Fund of India in case of I. 3. In case of I, the Governor's salary is shared by the concerned States. 4. In case of I, the Governor's salary is paid by the State named by the President.
Consider the following statements in respect of financial emergency under Article 360 of the Constitution of India: 1. A proclamation of financial emergency issued shall cease to operate at the expiration of two months unless before the expiration of that period it has been approved by the resolutions of both Houses of Parliament. 2. If any proclamation of financial emergency Is in operation. it is competent for the President of India to issue directions for the reduction of salaries and allowances of all or any class of persons serving in connection with the affairs of the Union but excluding the Judges of the Supreme Court and the High Courts. Which of the statements given above is/are correct? [IAS 2007]
In case of breakdown of Constitutional machinery in the State of Jammu and Kashmir rule will be imposed in the State.
Every proclamation issued under Article 356 shall cease to operate at the expiration of:
On which of the following matters can a Governor of a State exercise his discretionary powers? 1. Selection of Chief Minister if no political party gets a clear-cut majority. 2. Dismissal of a Ministry if he is convinced that it has lost majority support. 3. Salaries and allowances of ministers. 4. Submission of report to President regarding failure of constitutional machinery in the State.
Which of the following statements is/are correct? Under the provisions of Article 200 of the Constitution of India the Governor of a state may 1. withhold his assent to a Bill passed by the state legislature. 2. reserve the Bill passed by the state legislature for consideration of the President. 3. return the Bill, other than a money Bill for reconsideration-of the legislature. Select the correct answer using the code given below: [CDS 2011]
Consider the following statements: 1. In India, only the President, but not the Governors of the States, has the power to pardon, commute or suspend the sentence of any person convicted of any offence. 2. In India, though the Governor of a State is its constitutional head during normal times, he acts as the agent of the Centre during periods of Emergency in the State. Which of the statements given above is/are correct? [NDA 2005]
The Sarkaria Commission has: I. Favoured the implementation of the three-language formula. II. Turned down the/demand for the abolition of the office of the Governor. III. Favoured liberal use of Article 356 of the Constitution in the interest of the country's integrity.
The Governor of a State receives a Bill passed by the Legislative Assembly of the State for resettlement of citizens in that State affecting the general laws of citizenship of India. Which of the following courses would be the most appropriate for the Governor to take?