Question

Which of the following statements about President's Rule is/are true?
i. The first instance of President's Rule in a South Indian state was in Andhra in 1954.
ii. Punjab was under President's Rule for the longest cumulative period.
iii. The state High Court’s powers are suspended during President's Rule.
iv. The 44th Amendment (1978) introduced restrictions on extending President's Rule beyond one year.

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

Answer 1

Answer:

B. i, ii, and iv

Understanding 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 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 of the state or otherwise.
• During President's Rule, 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.

Key Facts on President's Rule Instances and Duration

• The very first instance of President's Rule in India was in Punjab (PEPSU) in 1951.
• Regarding South Indian states, the first imposition of President's Rule was in Andhra State in 1954. This occurred on November 15, 1954, following the collapse of the Prakasham Ministry.
• Punjab holds the record for being under President's Rule for the longest cumulative period across multiple instances, especially during periods of insurgency and political instability. One significant spell was from 1987 to 1992.

Impact on Judiciary and Constitutional Amendments

• During the imposition of President's Rule, the powers of the State High Court are not suspended. The judiciary continues to function independently and uphold the law. Only the executive and legislative powers of the state government are taken over by the Union.
• The 44th Amendment Act of 1978 introduced significant restrictions on the extension of President's Rule. It mandates that President's Rule cannot be extended beyond one year unless two conditions are met:
  • 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 continuation of President's Rule is necessary for holding general elections to the legislative assembly of the state.
• The maximum period for which President's Rule can be imposed in a state is three years. After three years, it must terminate, and popular government must be restored.
• Every 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.