Question

Examine the following statements about President’s Rule under Article 356.

a. The President’s Rule can be extended beyond one year only if a National Emergency is in operation and the Election Commission certifies that elections cannot be held.

b. The Parliament cannot delegate the power to make laws for a state under President’s Rule to any authority other than the President.

• A. Statement a and b are correct
• B. Statement a is correct and b is wrong
• C. Statement b is correct and a is wrong
• D. Statement a and b are incorrect

Answer 1

Answer:

B. Statement a is correct and b is wrong

President's Rule (Article 356)

• President's Rule, also known as 'State Emergency' or 'Constitutional Emergency', is imposed under Article 356 of the Indian Constitution.
• It comes into effect when the President is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution.
• This satisfaction can be based on the report of the Governor of the state or otherwise.

Extension of President's Rule beyond one year

• Initially, a proclamation of President's Rule needs to be approved by both Houses of Parliament within two months from its issue.
• Once 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.
• However, the Constitution places a crucial restriction on extending President's Rule beyond one year.
• According to Article 356(5), President's Rule can be extended beyond one year only if two conditions are simultaneously met:
  1. A National Emergency (Article 352) is in operation throughout India or in the whole or any part of the state concerned.
  2. The Election Commission of India certifies that the holding of general elections to the legislative assembly of the state concerned cannot be held on account of difficulties.
• This provision was specifically introduced by the 44th Amendment Act of 1978 to prevent the prolonged misuse of President's Rule. Thus, the first statement is correct.

Parliament's Law-Making Power during President's Rule

• When President's Rule is imposed, the legislative power of the state assembly is exercised by or under the authority of Parliament.
• Article 357(1)(a) states that Parliament can confer on the President the power of the State Legislature to make laws, or authorize the President to delegate such power to any other authority specified by him.
• Therefore, the statement that "Parliament cannot delegate the power to make laws for a state under President’s Rule to any authority other than the President" is incorrect. Parliament *can* delegate this power to the President, and the President, in turn, can delegate it to another authority (e.g., a subordinate official or body).
• For instance, the President often makes laws for the state by issuing 'President's Acts' or ordinances when Parliament is not in session.

Key Facts for Competitive Exams

• The term "President's Rule" is not explicitly mentioned in the Constitution; it is referred to as "Provisions in case of failure of constitutional machinery in State."
• Dr. B.R. Ambedkar expressed hope that Article 356 would remain a 'dead letter' and be used only as a last resort.
• The S.R. Bommai vs. Union of India (1994) case is a landmark judgment that significantly curtailed the arbitrary use of Article 356 by making its imposition subject to judicial review.
• Laws made by Parliament or delegated authority during President's Rule continue to be in force even after its revocation, unless the state legislature repeals or alters them.