Question

When President's Rule is imposed in a state, which of the following consequences occur?

1. The President dismisses the state council of ministers headed by the chief minister.

2. The President assumes the powers of the state's High Court and can suspend its constitutional provisions.

3. The Parliament becomes empowered to legislate on subjects in the State List for that state.

Which of the statements given above is/are correct?

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

Answer 1

Answer:

B. 1 and 3 only

President's Rule (Article 356)

• President's Rule, also known as 'State Emergency' or 'Constitutional Emergency', is proclaimed under Article 356 of the Indian Constitution.

• It is imposed 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 can be based on a report from the Governor or otherwise.

• Article 365 also provides for President's Rule if a state fails to comply with any directions from the Union.

Consequences of President's Rule

1. Dismissal of State Council of Ministers:

• When President's Rule is imposed, the President dismisses the state council of ministers headed by the Chief Minister.

• The state executive power is then exercised by the President, often through the Governor of the state, who acts as the President's agent.

2. Parliament's Legislative Power over State List:

• During President's Rule, the Parliament becomes empowered to legislate on subjects enumerated in the State List for that state.

• This means that the legislative power of the state is transferred to the Union Parliament. Parliament can either make laws itself or can delegate the power to the President.

• Any law made by Parliament or the President or any other authority in exercise of the power conferred on it under the proclamation continues to be in force even after the revocation of the proclamation.

3. Status of the High Court:

• It is crucial to note that the President cannot assume the powers of the state's High Court.

• The constitutional provisions relating to the High Court of the state are not suspended. The High Court continues to function independently, exercising its judicial powers as usual. This ensures the protection of fundamental rights and the rule of law even during an emergency.

Approval and Duration of President's Rule

• A proclamation of President's Rule must be approved by both Houses of Parliament within two months from the date of its issue.

• If approved by both Houses, the President's Rule continues for six months.

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

• However, after one year, it can be extended only if a national emergency (Article 352) is in operation in the whole of India or in the state, or if the Election Commission certifies that the general elections to the legislative assembly of the concerned state cannot be held due to difficulties.

Key Facts for Competitive Exams

• President's Rule has been imposed more than 100 times in various states since independence.

• The 44th Amendment Act of 1978 introduced significant changes to curb the misuse of Article 356, making it more difficult to extend President's Rule beyond one year.

• The Sarkaria Commission (1983) and the Punchhi Commission (2007) made recommendations regarding the appropriate use of Article 356.

• The S.R. Bommai case of 1994 is a landmark Supreme Court judgment that defined the scope and limitations of President's Rule, emphasizing judicial review of the President's decision. The court ruled that the power under Article 356 is not absolute and is subject to judicial scrutiny