Question

Which of the following statements about President's Rule is/are true?
i. The Governor administers the state with advisors appointed by the President during President's Rule.
ii. The 38th Amendment (1975) made the President’s satisfaction non-justiciable.
iii. Manipur has had President's Rule imposed 11 times.
iv. The state budget is passed by the state legislature during President's Rule.

• A. i, ii, and iii
• B. i and iii
• C. ii and iv
• D. i, ii, and iv

Answer 1

Answer:

A. i, ii, and iii

President's Rule (Article 356)

• The President's Rule, also known as 'State Emergency' or 'Constitutional Emergency', is proclaimed under Article 356 of the Indian Constitution.

• It is imposed when the President 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. This can be based on the Governor's report or otherwise.

• Article 365 also allows for President's Rule if a state fails to comply with or give effect to any directions given by the Union.

Administration and Legislative Powers During President's Rule

• When President's Rule is in force, the President can assume to himself all or any of the functions of the State Government and the powers of the Governor or any other authority in the state, excluding the state legislature.

• The Governor, acting as a representative of the President, administers the state. The President often appoints advisors to assist the Governor in the administration of the state.

• During this period, the state executive is dismissed, and the state Council of Ministers ceases to function.

• The state legislature is either suspended or dissolved. Consequently, the legislative powers of the state are exercised by or under the authority of the Parliament.

• This means that the state budget and other legislative matters for the state under President's Rule are passed by the Parliament, not the state legislature.

Justiciability and Amendments

• The 38th Constitutional Amendment Act of 1975 inserted clauses into Articles 352 and 356, making the President's satisfaction in imposing an emergency non-justiciable (final and conclusive, not challengeable in court).

• However, this non-justiciability was later removed by the 44th Constitutional Amendment Act of 1978, which restored the judicial review of the President's satisfaction.

• The landmark S.R. Bommai v. Union of India (1994) case significantly limited the arbitrary imposition of President's Rule. The Supreme Court ruled that the imposition of President's Rule is subject to judicial review, and the burden of proving that the material exists to justify the proclamation is on the Union government.

Frequency of Imposition

• President's Rule has been imposed numerous times since the adoption of the Constitution, often leading to debates about its misuse.

• States like Manipur have experienced President's Rule a high number of times, with 11 instances commonly cited, making it one of the most frequently impacted states.

• The first state to be placed under President's Rule was Punjab in 1951.