Question

Consider the following historical facts about the imposition of President's Rule in India:

1. The first state where President's Rule was imposed after the Constitution's enactment was Kerala in 1959.

2. The state that has been under President's Rule for the longest continuous period is Punjab.

3. The state where President's Rule has been imposed the most number of times is Manipur.

Which of the statements given above is/are correct?

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. 1, 2 and 3

Answer 1

Answer:

B. 2 and 3 only

President's Rule (Article 356)

• President's Rule, often referred to as 'State Emergency' or 'Constitutional Emergency', is implemented under Article 356 of the Indian Constitution.

• It is invoked when the President is satisfied, either through a report from the Governor or other means, that a state government cannot function according to constitutional provisions.

• The proclamation of President's Rule requires approval from both Houses of Parliament within two months of its issuance.

• Once approved, it typically remains in effect for six months and can be extended for a maximum period of three years, with parliamentary approval required every six months, subject to specific conditions set by the 44th Amendment Act of 1978.

Key Historical Facts and Constitutional Provisions

• The first state where President's Rule was imposed after the Constitution's enactment was Punjab (then PEPSU - Patiala and East Punjab States Union) in 1951. Therefore, the statement claiming Kerala in 1959 was the first is incorrect.

• Punjab holds the distinction for the longest continuous period under President's Rule, specifically from 1987 to 1992. This prolonged imposition was primarily due to severe militancy and law and order issues prevalent in the state during that time, validating the second statement.

• Manipur has experienced President's Rule the highest number of times among all Indian states, validating the third statement. This frequent imposition is largely due to chronic political instability and insurgency issues in the state.

• The S.R. Bommai case of 1994 is a landmark Supreme Court judgment that significantly curtailed the arbitrary use of Article 356. The court ruled that the power under Article 356 is not absolute and its exercise is subject to judicial review.

• The 44th Constitutional Amendment Act of 1978 introduced crucial restrictions, stipulating that President's Rule can be extended beyond one year only if a National Emergency is in force in India or the concerned state, and the Election Commission certifies that general elections cannot be held in the state.

• A proclamation of President's Rule can be revoked by a subsequent proclamation by the President, which does not require parliamentary approval.