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Consider the following statements about President’s Rule under Article 356.

(i) President’s Rule can be imposed if a state fails to comply with directions from the Centre, as per Article 365.

(ii) The state legislative assembly is always dissolved when President’s Rule is imposed.

(iii) The President cannot assume the powers of the state high court during President’s Rule.

A(i) and (iii) only

B(ii) and (iii) only

C(i) and (ii) only

DAll of the above

Answer:

A. (i) and (iii) only

Read Explanation:

President's Rule (Article 356)

  • President's Rule, also known as 'State Emergency' or 'Constitutional Emergency', is primarily governed by Article 356 of the Indian Constitution, which deals with the failure of constitutional machinery in a state

Grounds for Imposition:

  • Article 356: The President can impose President's Rule if, based on a report from the state Governor or otherwise, he is satisfied that a situation has arisen where the government of a state cannot be carried on in accordance with the provisions of the Constitution.

  • Article 365: This article provides an additional ground. It states that if a state fails to comply with or give effect to any direction given by the Centre in the exercise of its executive power, it shall be lawful for the President to hold that a situation has arisen where the government of the state cannot be carried on as per the Constitution. Thus, a state's non-compliance with Central directions can indeed lead to President's Rule.

Powers of the President during President's Rule:

  • The President can assume to himself all or any of the functions of the state government and all or any of the powers vested in or exercisable by the Governor or any executive authority in the state.

  • He can declare that the powers of the state legislature shall be exercisable by or under the authority of Parliament.

  • However, the President cannot assume the powers vested in a State High Court or suspend the operation of any constitutional provision relating to it. The independence of the judiciary, including the High Courts, remains sacrosanct and unaffected by the proclamation of President's Rule.

Status of State Legislative Assembly:

  • When President's Rule is imposed, the President has the authority to either suspend or dissolve the state legislative assembly.

  • It is not always dissolved immediately. Often, the assembly is initially suspended (kept in animated suspension) to allow time for parliamentary approval of the proclamation and to explore possibilities of forming an alternative government.

  • The landmark S.R. Bommai vs. Union of India (1994) Supreme Court judgment clarified that the state legislative assembly should only be dissolved *after* the proclamation has received approval from both Houses of Parliament. If Parliament does not approve the proclamation, the assembly is revived.

Duration and Parliamentary Approval:

  • A proclamation of President's Rule must be approved by both Houses of Parliament within two months from its date of issue.

  • Once approved, it initially remains in force for six months. It can be extended for a maximum period of three years with parliamentary approval every six months.

  • The 44th Amendment Act of 1978 restricted the extension of President's Rule beyond one year, requiring specific conditions (National Emergency or Election Commission's certification of election difficulties) for further extensions.

Judicial Review:

  • The S.R. Bommai case (1994) made the President's satisfaction regarding the imposition of Article 356 subject to judicial review. The Court can inquire into the relevance of the material on which the President's decision is based.


Related Questions:

Which of the following statements about President's Rule is/are true?
i. The 44th Amendment (1978) requires a National Emergency for extending President's Rule beyond one year.
ii. The President dismisses the state Council of Ministers during President's Rule.
iii. The first imposition of President's Rule in Kerala was in 1956.
iv. Laws made during President's Rule cannot be altered by the state legislature later.

Consider the following statements:

  1. The proclamation for both President's Rule (Article 356) and Financial Emergency (Article 360) requires parliamentary approval within two months.

  2. The resolution for approving both types of emergencies must be passed by a simple majority in Parliament.

  3. The President's Rule is also known as 'Constitutional Emergency', while a Financial Emergency is known as 'State Emergency'.

Which of the statements given above is/are correct?

Part XVIII of the Indian Constitution provides for the declaration of
Identify the Article of the Indian Constitution that deals with 'Financial Emergency':

Choose the correct statement(s) regarding the effects of a National Emergency on Centre-State relations.

(i) The Parliament becomes empowered to make laws on subjects in the State List during a National Emergency.

(ii) The executive power of the Centre extends to directing states on any matter during a National Emergency.

(iii) The state legislatures are suspended during a National Emergency.