Question

Under the 44th Amendment Act of 1978, the extension of President's Rule beyond one year is subject to which of the following conditions?

1. A proclamation of National Emergency must be in operation in the whole of India or any part of the state.

2. The Election Commission must certify that holding general elections to the state's legislative assembly is difficult.

3. The state's High Court must approve the extension.

Select the correct answer using the code given below:

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. 1, 2 and 3

Answer 1

Answer:

A. 1 and 2 only

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 allows the Central government to take direct control of a state's administration if the President is satisfied that the state government cannot be carried on in accordance with the provisions of the Constitution.

• Initially, a proclamation of President's Rule can be in force for a period of six months.

• It can be extended for a maximum period of three years with parliamentary approval, given every six months.

Impact of the 44th Amendment Act, 1978 on President's Rule

• The 44th Amendment Act of 1978 was crucial in reforming the emergency provisions, particularly in the aftermath of the 1975 National Emergency, which was widely criticized for its misuse.

• This amendment sought to prevent the arbitrary and prolonged imposition of President's Rule.

• It specifically placed restrictions on the extension of President's Rule beyond one year.

• For President's Rule to be extended beyond one year, the following two stringent conditions must be met:

Conditions for Extension Beyond One Year (as per 44th Amendment)

1. A proclamation of National Emergency must be in operation in the whole of India or any part of the state.

   • This means that the country or a part of the state in question must already be under a state of National Emergency (proclaimed under Article 352, due to war, external aggression, or armed rebellion).

   • This links the continuation of President's Rule to a larger, more severe national crisis.

2. The Election Commission must certify that holding general elections to the state's legislative assembly is difficult.

   • This condition ensures that the extension beyond one year is not to avoid elections but only when electoral machinery genuinely finds it challenging to conduct polls.

   • It introduces an independent body's assessment (Election Commission) as a prerequisite, acting as a safeguard against political manipulation.

Key Facts for Competitive Exams

• Article 355: It is the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of this Constitution. (Basis for Article 356).

• Article 360: Deals with Financial Emergency.

• The 38th Amendment Act of 1975 made the satisfaction of the President in proclaiming an emergency final and conclusive, not challengeable in any court.

• The 42nd Amendment Act of 1976 (often called a 'Mini-Constitution') extended the one-time duration of President's Rule from six months to one year, which was later reversed by the 44th Amendment.

• The 44th Amendment Act of 1978 restored the six-month period for approval and imposed the two conditions for extension beyond one year, thereby limiting the arbitrary use of Article 356.

• The S.R. Bommai v. Union of India (1994) case significantly curtailed the misuse of Article 356 by laying down specific guidelines and making the President's satisfaction subject to judicial review.

• The maximum period for President's Rule is three years, after which constitutional amendments may be required or elections must be held.