Question

Which of the following statements about President's Rule is/are true?
i. The 44th Amendment (1978) requires a National Emergency for extending President's Rule beyond one year.
ii. The President dismisses the state Council of Ministers during President's Rule.
iii. The first imposition of President's Rule in Kerala was in 1956.
iv. Laws made during President's Rule cannot be altered by the state legislature later.

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

Answer 1

Answer:

A. i, ii, and iii

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

• It is a drastic measure, often referred to as the 'death letter' of state autonomy, and its frequent misuse has been a subject of debate.

Key Facts Regarding President's Rule

I. Extension Beyond One Year and the 44th Amendment (1978)

• Originally, President's Rule could be extended for up to three years by resolutions of Parliament every six months.

• The 44th Amendment Act of 1978 significantly restricted the power to extend President's Rule beyond one year.

• After one year, the President's Rule can only be extended if two 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 of India certifies that the continuance of the Proclamation for a further period is necessary due to difficulties in holding general elections to the State Legislative Assembly.

• This amendment aimed to prevent the indefinite imposition of President's Rule, thereby safeguarding state autonomy.

• The maximum period for which President's Rule can be in force is three years. Beyond three years, if the constitutional machinery is still not restored, the only option is to amend the Constitution.

II. Dismissal of State Council of Ministers

• When President's Rule is imposed, the President assumes 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 body or authority in the State other than the State Legislature.

• Consequently, the State Council of Ministers, headed by the Chief Minister, is dismissed, and the State Legislative Assembly is either suspended or dissolved.

• The Governor administers the state on behalf of the President, with the help of the Chief Secretary and other advisors appointed by the President.

III. First Imposition of President's Rule in Kerala

• The first instance of President's Rule imposed on the territory that now constitutes Kerala was on March 23, 1956, in the then State of Travancore-Cochin.

• This imposition followed the resignation of the P. Govinda Menon ministry.

• The State Reorganisation Act, 1956, led to the formation of the new State of Kerala on November 1, 1956, by merging Travancore-Cochin with the Malabar district of Madras State and Kasaragod taluk. The President's Rule continued over the newly formed state until the first general elections in 1957.

• The second, and highly significant, imposition of President's Rule in Kerala occurred in July 1959, when the democratically elected Communist government led by E.M.S. Namboodiripad was dismissed. This event sparked a major constitutional debate regarding the misuse of Article 356.

IV. Laws Made During President's Rule

• During President's Rule, Parliament (or the President through delegated powers) is empowered to make laws for the state.

• Article 357(2) of the Constitution clarifies that any law made in exercise of powers under President's Rule shall continue in force even after the Proclamation has ceased to operate.

• However, it explicitly states that such a law may be altered or repealed or amended by a competent Legislature or other authority.

• This means that once the constitutional machinery is restored and a new state legislature is formed, it has the power to modify or repeal any laws enacted during the period of President's Rule. This ensures that the state's legislative autonomy is restored.