Question

Which of the following statements about President's Rule is/are true?
i. The President can delegate law-making powers to another authority during President's Rule.
ii. President's Rule in Kerala was imposed seven times, with the last instance in 1982.
iii. The S.R. Bommai case (1994) restricted the imposition of President's Rule to one year.
iv. A simple majority is required to approve President's Rule in Parliament.

• 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 when the constitutional machinery in a state fails.
• The President acts on a report from the Governor of the state or otherwise.

Key Aspects of President's Rule

• Delegation of Law-Making Powers:
  • During President's Rule, the powers of the state legislature are exercised by or under the authority of Parliament.
  • Parliament can delegate the power to make laws for the state to the President.
  • The President, in turn, can further delegate this power to any other authority, typically the Governor of the state or other designated administrative bodies, for the purpose of enacting state legislation. This delegation is done through 'Acts of Delegation'.
• Parliamentary Approval:
  • A proclamation imposing President's Rule must be approved by both Houses of Parliament within two months from the date of its issue.
  • This approval requires a simple majority (more than 50% of the members present and voting) in each House.
  • Once approved, the proclamation remains in force for six months.
• Duration and Extension:
  • President's Rule can be extended for a maximum period of three years with parliamentary approval every six months.
  • Beyond one year, the extension is subject to two conditions (added by the 44th Constitutional Amendment Act of 1978):
    • 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 continuance in force of the Proclamation under Article 356 is necessary due to difficulties in holding general elections to the Legislative Assembly of the state concerned.
• S.R. Bommai Case (1994):
  • The S.R. Bommai v. Union of India case (1994) is a landmark Supreme Court judgment that significantly limited the arbitrary use of Article 356.
  • The judgment made the imposition of President's Rule subject to judicial review.
  • It clarified that the power of the President to dismiss a state government is not absolute. The Court can even reinstate a dismissed state government if the Proclamation is deemed unconstitutional.
  • It did not restrict the imposition of President's Rule to one year. The one-year restriction (with conditions for extension up to three years) was introduced by the 44th Amendment Act of 1978. The Bommai case focused more on the grounds of imposition and judicial review.
• President's Rule in Kerala:
  • Kerala has experienced President's Rule multiple times. It has been imposed seven times in the state's history.
  • The last instance of President's Rule in Kerala was in the year 1982.
  • The first imposition in Kerala in 1959 led to the dismissal of the world's first democratically elected Communist government led by E.M.S. Namboodiripad.