Question

What is the duration of President's rule in a state when there is a breakdown of constitutional machinery?

• A. 6 months, extendable for a maximum of 6 years
• B. 6 months, extendable for a maximum of 3 years
• C. 6 months, extendable for a maximum of 1 years
• D. 6 months, extendable for a maximum of 5 years

Answer 1

Answer:

B. 6 months, extendable for a maximum of 3 years

President

• Article : 356
• Under Article 356 , President can proclaim a State Emergency either on the report of the Governor or otherwise.
• It is also known as President's Rule or Constitutional Emergency.

• There are two grounds to issue a State Emergency

1. Breakdown of constitutional machinery in the state.
2. Failure of the state to comply with or to give effect to any direction given by the Centre.

• A proclamation of President's Rule must be approved by the Parliament within two months by simple majority.
• President's Rule can be extended to a maximum period of three years subject to the approval of the Parliament every six month.
• A state emergency can be revolved by the President at any time.
• During the President's Rule, President can take up the executive and legislative functions of the state. However he cannot assume to himself, the powers vested in the State High Court or suspend the provisions relating to it.