What is Article 101 of Indian Constitution – Defination & Meaning
Article 101: Vacation of seats (1) No person shall be a member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation
📚 UPSC Relevant
Article 356 of the Indian Constitution addresses situations where a state’s constitutional machinery fails. This means when a state’s government cannot function according to the Constitution. The President can intervene if they receive a report from the state’s Governor or other sources. By issuing a proclamation, the President can take over the state’s government functions, except for the powers of the High Court. This ensures that governance can continue in times of crisis, like political instability or unrest.
When the President assumes control, they can also declare that Parliament will exercise the state’s legislative powers. This is key during emergencies to maintain order and governance. For example, if a state faces severe political turmoil or violence, the President may choose to act under Article 356. The proclamation must be approved by both Houses of Parliament within two months to remain in effect. If not approved, it will lapse.
However, there are limitations on how long this can last. Initially, the proclamation remains valid for six months, and can be extended for another six months if Parliament agrees. Yet, it cannot continue beyond three years, ensuring that democratic processes are restored as soon as possible. This article has been used in various states throughout India’s history, reflecting its importance in maintaining the Constitution’s integrity and providing stability during challenging times.
Article 356 was included in the Constitution when it was adopted in 1950. It has been amended several times, including the 44th Amendment in 1978, which aimed to limit the misuse of this provision. The Supreme Court, in cases like S.R. Bommai vs. Union of India (1994), clarified that the power under Article 356 is not absolute and can be reviewed by the courts. This historical evolution demonstrates the responsive nature of the constitutional framework in addressing the nation’s changing needs over time This ensures clarity under the law. This historical evolution demonstrates the responsive nature of the constitutional framework in addressing the nation’s changing needs over time.
Consider the following statements regarding Article 356 of the Indian Constitution: 1) The President can assume control of state functions during a crisis. 2) Proclamations under this article do not require parliamentary approval. 3) The initial duration of a proclamation is six months. Which of the statements are correct? A) 1 and 2 only B) 2 and 3 only C) 1 and 3 only D) 1, 2 and 3.? Which of the statements given above are correct in the context of the federal structure of India?
The correct answer is C) 1 and 3 only. The President can assume control during a crisis, and the proclamation lasts for six months. However, it requires parliamentary approval, making statement 2 incorrect. Understanding these details is helpful for analyzing how the constitution balances power and state responsibilities This ensures clarity under the law.
If a proclamation under Article 356 is not approved by both Houses of Parliament within two months, it will cease to operate. This ensures that the President’s powers are not indefinite. The state government must then be restored to its original governance structure. These rules help maintain a consistent and fair approach to public administration and governance across the country.
Initially, the President’s rule can last for six months. If approved by Parliament, it can be extended for another six months. However, it cannot continue for more than three years in total under Article 356. These rules help maintain a consistent and fair approach to public administration and governance across the country.
No, the President cannot assume or suspend the powers vested in High Courts. Article 356 specifically states this limitation, maintaining the judicial independence of High Courts. These rules help maintain a consistent and fair approach to public administration and governance across the country This ensures clarity under the law. These rules help maintain a consistent and fair approach to public administration and governance across the country.
Article 101: Vacation of seats (1) No person shall be a member of both Houses of Parliament and provision shall be made by Parliament by law for the vacation
Article 99: Oath or affirmation by members Every member of either House of Parliament shall, before taking his seat, make and subscribe before the President,
Article 100: Voting in Houses, power of Houses to act notwithstanding vacancies and quorum (1) Save as otherwise provided in this Constitution, all questions
Article 97: Salaries and allowances of the Chairman and Deputy Chairman and the Speaker and Deputy Speaker There shall be paid to the Chairman and the Deputy
Article 98: Secretariat of Parliament (1) Each House of Parliament shall have a separate secretarial staff: Provided that nothing in this clause shall be
Article 95: Power of the Deputy Speaker or other person to perform the duties of the office of, or to act as, Speaker (1) While the office of Speaker is
Article 96: The Speaker or the Deputy Speaker not to preside while a resolution for his removal from office is under consideration (1) At any sitting of the
Article 93: The Speaker and Deputy Speaker of the House of the People The House of the People shall, as soon as may be, choose two members of the House to be
Article 94: Vacation and resignation of, and removal from, the offices of Speaker and Deputy Speaker A member holding office as Speaker or Deputy Speaker of
Article 91: Power of the Deputy Chairman or other person to perform the duties of the office of, or to act as, Chairman (1) While the office of Chairman is
Article 92: The Chairman or the Deputy Chairman not to preside while a resolution for his removal from office is under consideration (1) At any sitting of the
Article 89: The Chairman and Deputy Chairman of the Council of States (1) The Vice- President of India shall be ex officio Chairman of the Council
Article 90: Vacation and resignation of, and removal from, the office of Deputy Chairman A member holding office as Deputy Chairman of the Council of States—
Article 87: Special address by the President (1) At the commencement of the first session after each general election to the House of the People and at the
Article 88: Rights of Ministers and Attorney-General as respects Houses Every Minister and the Attorney-General of India shall have the right to speak in, and
Article 86: Right of President to address and send messages to Houses (1) The President may address either House of Parliament or both Houses assembled
Article 85: Sessions of Parliament, prorogation and dissolution (1) The President shall from time to time summon each House of Parliament to meet at such time
Article 83: Duration of Houses of Parliament (1) The Council of States shall not be subject to dissolution, but as nearly as possible one-third of the members
Article 84: Qualification for membership of Parliament A person shall not be qualified to be chosen to fill a seat in Parliament unless he— (a) is a citizen
Article 81: Composition of the House of the People (1) Subject to the provisions of article 331, the House of the People shall consist of— (a) not more than
Article 82: Readjustment after each census Upon the completion of each census, the allocation of seats in the House of the People to the States and the
Article 79: Constitution of Parliament There shall be a Parliament for the Union which shall consist of the President and two Houses to be known respectively
Article 80: Composition of the Council of States (1) The Council of States shall consist of— (a) twelve members to be nominated by the President in accordance
Article 77: Conduct of business of the Government of India (1) All executive action of the Government of India shall be expressed to be taken in the name of
Article 78: Duties of Prime Minister as respects the furnishing of information to the President, etc It shall be the duty of the Prime Minister— (a) to
Article 75: Other provisions as to Ministers (1) The Prime Minister shall be appointed by the President and the other Ministers shall be appointed by the
Article 76: Attorney-General for India (1) The President shall appoint a person who is qualified to be appointed a Judge of the Supreme Court to be
Article 73: Extent of executive power of the Union (1) Subject to the provisions of this Constitution, the executive power of the Union shall extend— (a) to
Article 74: Council of Ministers to aid and advise President (1) There shall be a Council of Ministers with the Prime Minister at the head to aid and advise
Article 71: Matters relating to, or connected with, the election of a President or Vice-President (1) All doubts and disputes arising out of or in connection
Article 72: Power of President to grant pardons, etc., and to suspend, remit or commute sentences in certain cases (1) The President shall have the power to
Article 70: Discharge of President’s functions in other contingencies Parliament may make such provisions as it thinks fit for the discharge of the functions
Article 69: Oath or affirmation by the Vice-President Every Vice-President shall, before entering upon his office, make and subscribe before the President, or
Article 67: Term of office of Vice-President The Vice-President shall hold office for a term of five years from the date on which he enters upon his office:
Article 68: Time of holding election to fill vacancy in the office of Vice-President and the term of office of person elected to fill casual vacancy (1) An
Article 65: The Vice-President to act as President or to discharge his functions during casual vacancies in the office, or during the absence, of President
Explanation.—For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or
Article 63: The Vice-President of India There shall be a Vice-President of India.
Article 64: The Vice-President to be ex officio Chairman of the Council of States The Vice-President shall be ex officio Chairman of the Council of
Article 61:Procedure for impeachment of the President (1) When a President is to be impeached for violation of the Constitution, the charge shall be preferred
(1) An election to fill a vacancy caused by the expiration of the term of office of President shall be completed before the expiration of the term.
Article 59: Conditions of President’s office (1) The President shall not be a member of either House of Parliament or of a House of the Legislature of any
Article 60: Oath or affirmation by the President Every President and every person acting as President or discharging the functions of the President shall,
Article 57: Eligibility for re-election A person who holds, or who has held, office as President shall, subject to the other provisions of this Constitution,
Explanation.—For the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the President or
Explanation.—In this article, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have
Article 56: Term of office of President (1) The President shall hold office for a term of five years from the date on which he enters upon his office:
Explanation.—In this article and in article 55, “State” includes the National Capital Territory of Delhi and the Union territory of Puducherry.
Article 53: Executive Power of the Union (1) The executive power of the Union shall be vested in the President and shall be exercised by him either directly
Article 51A: Fundamental duties It shall be the duty of every citizen of India— (a) to abide by the Constitution and respect its ideals and institutions, the