Question

Consider the following statements regarding the Parliamentary approval and duration of President's Rule (Article 356):

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

2. Once approved, it can continue for a maximum period of three years, subject to parliamentary approval every six months.

3. For any extension beyond one year, it is mandatory that a proclamation of National Emergency is in operation and the Election Commission certifies that elections cannot be held.

Which of the statements given above is/are correct?

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

Answer 1

Answer:

D. 1, 2 and 3

Understanding President's Rule (Article 356)

• President's Rule, also known as 'State Emergency' or 'Constitutional Emergency', is enshrined in Article 356 of the Indian Constitution. It allows the President to take over the state government's functions if the constitutional machinery in a state fails.

• The term 'constitutional machinery' refers to the state's ability to govern according to the provisions of the Constitution.

• The President can impose this rule based on a report from the state's Governor or even without one, if satisfied that the situation warrants it.

Parliamentary Approval and Duration

Initial Approval:

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

• If the Lok Sabha is dissolved during this two-month period, the proclamation must be approved by the Rajya Sabha within two months, and then by the newly constituted Lok Sabha within 30 days of its first sitting.

• If Parliament approves the proclamation, it remains in force for six months from the date of the proclamation.

Maximum Duration and Extensions:

• The President's Rule can be extended for a maximum period of three years from the date of its imposition.

• Each extension requires parliamentary approval for a period of six months at a time.

Conditions for Extension Beyond One Year:

• For the President's Rule to be extended beyond one year, two conditions must be fulfilled:

  1. A proclamation of National Emergency (under Article 352) must be in operation in the whole of India or in the whole or any part of the state concerned.

  2. The Election Commission of India (ECI) must certify that it is difficult to hold general elections to the legislative assembly of the state concerned.

• These conditions for extension beyond one year were introduced by the 44th Amendment Act of 1978 to prevent the arbitrary and prolonged use of President's Rule.

Key Facts for Competitive Exams

• The proclamation of President's Rule can be revoked by the President at any time, and such a revocation does not require parliamentary approval.

• The S.R. Bommai vs. Union of India (1994) case is a landmark Supreme Court judgment that significantly curtailed the arbitrary imposition of President's Rule and laid down guidelines for its use. This judgment stated that the imposition of President's Rule is subject to judicial review.

• During President's Rule, the President can assume the functions of the state government, and Parliament can exercise the powers of the state legislature.

• This power has often been criticized for its potential misuse by the Union government to dismiss state governments run by opposition parties