Question

Consider the following statements:

1. Both the Prime Minister (PM) and Chief Minister (CM) can advise dissolution of the respective Lower House.
2. Only the PM can recommend President's Rule under Article 356 of the Constitution

1. Both the Prime Minister (PM) and Chief Minister (CM) can advise dissolution of the respective Lower House.
2. Only the PM can recommend President's Rule under Article 356 of the Constitution

• A. i only
• B. None of these
• C. i, ii
• D. All of these

Answer 1

Answer:

D. All of these

Dissolution of the Lower House

• Lok Sabha: Under Article 85(2)(b) of the Indian Constitution, the President has the power to dissolve the Lok Sabha. This action is taken on the advice of the Prime Minister, who leads the Council of Ministers.
• Legislative Assembly: Under Article 174(2)(b), the Governor of a state has the power to dissolve the State Legislative Assembly. This is exercised on the advice of the Chief Minister.

President's Rule (Article 356)

• Constitutional Provision: Article 356 empowers the President of India to impose President's Rule in a state if they are satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
• Executive Role: The proclamation of President's Rule is issued by the President based on a report from the Governor of the state or otherwise.
• Union Executive: The formal recommendation for the imposition of President's Rule is made by the Union Council of Ministers, headed by the Prime Minister. The Prime Minister and the Cabinet have the exclusive executive authority to advise the President on the invocation of emergency provisions concerning state governments.
• Parliamentary Approval: Once a proclamation is issued under Article 356, it must be approved by both Houses of Parliament within two months.