Question

Read the following statements:
i. A proclamation of President's Rule requires approval by both Houses of Parliament within two months.
ii. If Lok Sabha is dissolved, the proclamation survives until 30 days after its reconstitution, provided Rajya Sabha approves.
iii. President's Rule can be extended indefinitely with parliamentary approval every six months.
iv. The 44th Amendment restricts extensions beyond one year unless specific conditions are met.
Select the correct answer from the codes given below:

• A. All the above
• B. Only i, ii, and iv
• C. Only i and ii
• D. Only ii, iii, and iv

Answer 1

Answer:

B. Only i, ii, and iv

Understanding President's Rule (Article 356)

• President's Rule, also known as 'State Emergency' or 'Constitutional Emergency', is proclaimed under Article 356 of the Indian Constitution when the constitutional machinery in a state breaks down.
• It allows the Central government to take over the functions of the state government.

Key Aspects of President's Rule Proclamation and Duration:

• Statement i: A proclamation of President's Rule requires approval by both Houses of Parliament within two months.
  • This statement is correct. A proclamation imposing President's Rule must be approved by both the Lok Sabha and the Rajya Sabha within two months from the date of its issue.
  • If not approved within this period, the proclamation ceases to operate.
• Statement ii: If Lok Sabha is dissolved, the proclamation survives until 30 days after its reconstitution, provided Rajya Sabha approves.
  • This statement is correct. If the proclamation is issued when the Lok Sabha is dissolved, or if the Lok Sabha is dissolved within the two-month period without approving the proclamation, then the proclamation survives if the Rajya Sabha approves it.
  • However, it ceases to operate 30 days after the first sitting of the Lok Sabha after its reconstitution, unless it is approved by the new Lok Sabha within that 30-day period.
• Statement iii: President's Rule can be extended indefinitely with parliamentary approval every six months.
  • This statement is incorrect. While President's Rule can be extended every six months by parliamentary approval, it cannot be extended indefinitely.
  • Originally, there was no explicit maximum limit, which led to misuse. However, the 44th Amendment Act of 1978 introduced significant restrictions on its maximum duration.
• Statement iv: The 44th Amendment restricts extensions beyond one year unless specific conditions are met.
  • This statement is correct. The 44th Constitutional Amendment Act, 1978, stipulated that President's Rule cannot be extended beyond one year unless two specific conditions are met:
  1. A Proclamation of National Emergency (under Article 352) is in operation in the whole of India, or in the whole or any part of the state concerned; and
  2. The Election Commission certifies that the continuance of President's Rule is necessary because of difficulties in holding general elections to the Legislative Assembly of the state concerned.
  • Even with these conditions, the maximum period for which President's Rule can be imposed in a state is three years. After three years, the ordinary constitutional machinery must be restored.