Question

Consider the following statements:

1. Article 355 obliges the Centre to protect states from external aggression and internal disturbance.

2. The first state to have President’s Rule imposed after Constitution came into force was Kerala.

3. The President can assume powers of state High Court during President’s Rule.

Which are correct?

• A. 1 only
• B. 1 and 3 only
• C. 2 only
• D. All of the above

Answer 1

Answer:

A. 1 only

Understanding Emergency Provisions in India

• The Indian Constitution provides for emergency provisions to safeguard the country's sovereignty, unity, integrity, and security, as well as the democratic political system. These provisions are contained in Part XVIII of the Constitution, from Article 352 to Article 360.
• There are three types of emergencies:
  • National Emergency (Article 352): Due to war, external aggression, or armed rebellion.
  • President's Rule (Article 356): State Emergency or Constitutional Emergency, imposed due to the failure of constitutional machinery in a state.
  • Financial Emergency (Article 360): Due to a threat to the financial stability or credit of India.

Article 355: Duty of the Union to protect States

• Article 355 explicitly states: "It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution."
• This article provides the constitutional basis for the Central government to intervene in a state's affairs under specific circumstances, particularly when there is a breakdown of law and order or a threat to the state's security.
• This duty often serves as a precondition or justification for the imposition of President's Rule (Article 356) in a state, although Article 356 is more specifically about the failure of constitutional machinery.

President's Rule (Article 356)

• Imposition Grounds: President's Rule can be imposed if the President is satisfied, based on a report from the Governor or otherwise, that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution.
• First Imposition: The first instance of President's Rule in India occurred in Punjab (then known as the Patiala and East Punjab States Union or PEPSU) in 1951. This was much before Kerala had President's Rule imposed.
• Powers during President's Rule: During President's Rule, the President can:
  • Assume 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 body or authority in the State (other than the State Legislature).
  • Declare that the powers of the State Legislature shall be exercisable by or under the authority of Parliament.
  • Make provisions for incidental and consequential matters necessary for giving effect to the proclamation.
• Limitations on Presidential Powers: It is crucial to note that the President cannot assume the powers vested in a High Court or suspend the operation of any provision of the Constitution relating to High Courts. The independence of the judiciary, including the High Courts, is a fundamental aspect of the Indian Constitution and remains unaffected even during President's Rule.