Question

Read the following statements:
i. During President's Rule, the state Council of Ministers is dismissed.
ii. The state Governor administers the state on behalf of the President.
iii. The Parliament cannot delegate law-making powers to any authority during President's Rule.
iv. Laws made during President's Rule cease to exist once it is revoked.
Select the correct answer from the codes given below:

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

Answer 1

Answer:

B. Only i and ii

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.
• It is imposed when the President is satisfied, based on a report from the Governor of a state or otherwise, that a situation has arisen where the government of the state cannot be carried on in accordance with the provisions of the Constitution.

Impact on State Government and Administration:

• When President's Rule is imposed, the state Council of Ministers, led by the Chief Minister, is dismissed. This aligns with statement (i).
• The state Governor assumes the administration of the state on behalf of the President, acting as the representative of the Union government. This makes statement (ii) correct.
• The legislative powers of the state legislature are exercised by or under the authority of Parliament.

Legislative Powers During President's Rule:

• Article 357 specifically deals with the exercise of legislative powers under President's Rule.
• It states that Parliament can confer on the President the power of the state legislature to make laws for the state.
• Furthermore, Parliament can authorize the President to delegate this power to any other authority, such as a specified officer or body, to make laws. This directly contradicts statement (iii), making it incorrect. For instance, the President can authorize the Union Law Ministry or a specific committee to make laws for the state.

Validity of Laws Made Under President's Rule:

• Laws made by Parliament or the President or any other authority during President's Rule continue to be in force even after the revocation of the proclamation.
• They do not automatically cease to exist. They remain valid unless repealed, re-enacted, or altered by the state legislature or another competent authority. This makes statement (iv) incorrect.

Key Facts for Competitive Exams:

• A proclamation of President's Rule must be approved by both Houses of Parliament within two months from the date of its issue.
• If approved, it remains in force for six months. It can be extended for a maximum period of three years with parliamentary approval every six months.
• Beyond one year, extension is possible only if a National Emergency (Article 352) is in operation in the whole or any part of India, and the Election Commission certifies that the general elections to the legislative assembly cannot be held.
• The S.R. Bommai case (1994) significantly curtailed the arbitrary imposition of President's Rule by introducing judicial review of the President's satisfaction.
• The power under Article 356 has been invoked more than 100 times, often leading to debates about its misuse for political purposes.