Question

Which of the following statements about President's Rule is/are true?
i. President's Rule can be imposed if a state fails to comply with Central directives under Article 365.
ii. The state legislative assembly is always dissolved during President's Rule.
iii. The President can revoke President's Rule without parliamentary approval.
iv. The maximum duration of President's Rule is two years.

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

Answer 1

Answer:

B. i and iii

Understanding President's Rule (Article 356)

• President's Rule, also known as 'State Emergency' or 'Constitutional Emergency', is provided under Article 356 of the Indian Constitution.
• It allows the Central government to take direct control of a state's administration if the constitutional machinery in the state breaks down.

Conditions for Imposition:

• President's Rule can be imposed in two situations:
  • Article 356(1): If the President is satisfied, based on a report from the 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.
  • Article 365: If a state fails to comply with, or give effect to, any directions given by the Union government. This implies that non-compliance with Central directives can also lead to the imposition of President's Rule. Therefore, statement (i) is True.

Parliamentary Approval and Duration:

• 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, 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, after one year, President's Rule can only be extended if:
  • 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.
  • The Election Commission certifies that the general elections to the legislative assembly of the concerned state cannot be held due to difficulties.
• Therefore, statement (iv) which claims the maximum duration is two years, is False, as it is three years.

Status of State Legislative Assembly:

• During President's Rule, the President can either suspend or dissolve the State Legislative Assembly.
• It is not always dissolved; it can be merely suspended, allowing for the possibility of forming a new government later without fresh elections.
• The S.R. Bommai vs. Union of India (1994) judgment is a landmark case that clarified the scope and limitations of Article 356, emphasizing that dissolution should be a last resort.
• Therefore, statement (ii) which says the assembly is always dissolved, is False.

Revocation of President's Rule:

• The President can revoke a proclamation of President's Rule at any time by a subsequent proclamation.
• There is no requirement for parliamentary approval for the revocation. The President can revoke it on his own initiative.
• Therefore, statement (iii) is True.