Consider the following statements about President’s Rule under Article 356.
(i) President’s Rule can be imposed if a state fails to comply with directions from the Centre, as per Article 365.
(ii) The state legislative assembly is always dissolved when President’s Rule is imposed.
(iii) The President cannot assume the powers of the state high court during President’s Rule.
A(i) and (iii) only
B(ii) and (iii) only
C(i) and (ii) only
DAll of the above
Answer:
A. (i) and (iii) only
Read Explanation:
President's Rule (Article 356)
President's Rule, also known as 'State Emergency' or 'Constitutional Emergency', is primarily governed by Article 356 of the Indian Constitution, which deals with the failure of constitutional machinery in a state
Grounds for Imposition:
Article 356: The President can impose President's Rule if, based on a report from the state Governor or otherwise, he 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.
Article 365: This article provides an additional ground. It states that if a state fails to comply with or give effect to any direction given by the Centre in the exercise of its executive power, it shall be lawful for the President to hold that a situation has arisen where the government of the state cannot be carried on as per the Constitution. Thus, a state's non-compliance with Central directions can indeed lead to President's Rule.
Powers of the President during President's Rule:
The President can assume to himself all or any of the functions of the state government and all or any of the powers vested in or exercisable by the Governor or any executive authority in the state.
He can declare that the powers of the state legislature shall be exercisable by or under the authority of Parliament.
However, the President cannot assume the powers vested in a State High Court or suspend the operation of any constitutional provision relating to it. The independence of the judiciary, including the High Courts, remains sacrosanct and unaffected by the proclamation of President's Rule.
Status of State Legislative Assembly:
When President's Rule is imposed, the President has the authority to either suspend or dissolve the state legislative assembly.
It is not always dissolved immediately. Often, the assembly is initially suspended (kept in animated suspension) to allow time for parliamentary approval of the proclamation and to explore possibilities of forming an alternative government.
The landmark S.R. Bommai vs. Union of India (1994) Supreme Court judgment clarified that the state legislative assembly should only be dissolved *after* the proclamation has received approval from both Houses of Parliament. If Parliament does not approve the proclamation, the assembly is revived.
Duration and Parliamentary Approval:
A proclamation of President's Rule must be approved by both Houses of Parliament within two months from its date of issue.
Once approved, it initially remains in force for six months. It can be extended for a maximum period of three years with parliamentary approval every six months.
The 44th Amendment Act of 1978 restricted the extension of President's Rule beyond one year, requiring specific conditions (National Emergency or Election Commission's certification of election difficulties) for further extensions.
Judicial Review:
The S.R. Bommai case (1994) made the President's satisfaction regarding the imposition of Article 356 subject to judicial review. The Court can inquire into the relevance of the material on which the President's decision is based.