Question

Which of the following statements about the duration of State Emergency is correct?

i. The proclamation, under Article 356, will cease to operate at the expiry of two months unless both houses of the Parliament have approved it before that period.

ii. A proclamation issued under Article 356 can be in force normally for one year at a stretch.

iii. Parliament can extend the period of State emergency beyond one year, if the Election Commission certifies that it is necessary on account of the difficulties in holding the general elections to Legislative Assembly of the concerned state.

iv. Parliament can extend the period of State Emergency beyond one year if a proclamation of emergency under Article 352 is in operation.

• A. Only iii and iv
• B. Only ii, iii and iv
• C. Only ii and iii
• D. All the above (i, ii, iii and iv)

Answer 1

Answer:

D. All the above (i, ii, iii and iv)

Understanding Article 356 (President's Rule / State Emergency)

• Article 356 of the Constitution of India provides for the imposition of President's Rule in a State if the President, on receipt of a report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution.

Parliamentary Approval and Duration

• Two-Month Approval Window: A proclamation imposing President's Rule must be approved by both Houses of Parliament (Lok Sabha and Rajya Sabha) within two months from the date of its issue, otherwise, it ceases to operate.
• Approval Majority: The resolution approving the proclamation of President's Rule can be passed by either House of Parliament only by a simple majority (i.e., a majority of the members of that House present and voting).
• Normal Duration: Once approved by both Houses of Parliament, the President's Rule continues for six months. It can be extended for a maximum period of three years with the approval of Parliament every six months. However, there is a normal cap of one year at a stretch under specific constitutional restrictions.

Conditions for Extension Beyond One Year

• The 44th Amendment Act of 1978 introduced a crucial constraint to limit the power of Parliament to extend President's Rule beyond one year.
• According to this amendment, the President's Rule can be extended beyond one year (up to the maximum limit of three years) by six months at a time, only if the following two conditions are met:
1. 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.
2. The Election Commission of India certifies that the continuation of President's Rule is necessary because of difficulties in holding general elections to the Legislative Assembly of the concerned State.