Question

Which of the following statements accurately describes the consequences of imposing President's Rule in a state?

• A. The President dismisses the state council of ministers and assumes all powers of the state's High Court to ensure unified control.
• B. The state's legislative assembly is automatically dissolved, and the Parliament permanently takes over the legislative functions for that state.
• C. The state governor, on behalf of the President, carries on the administration, and the constitutional position and powers of the state's High Court remain unaffected.
• D. A law passed by the Parliament for the state during President's Rule ceases to be operative as soon as the emergency ends.

Answer 1

Answer:

C. The state governor, on behalf of the President, carries on the administration, and the constitutional position and powers of the state's High Court remain unaffected.

Consequences of President's Rule in a State

• Constitutional Basis: President's Rule is imposed under Article 356 of the Indian Constitution. It is also known as 'State Emergency' or 'Constitutional Emergency'.
• Grounds for Imposition: It can be imposed if the President is satisfied, based on the report of 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.
• Role of the Governor: During President's Rule, the state governor, on behalf of the President, assumes the executive powers of the state and carries on the administration. The Governor acts as the agent of the Union Government.
• Fate of the State Legislature: The State Legislative Assembly (Vidhan Sabha) is either suspended or dissolved. If suspended, it can be revived later; if dissolved, new elections must be held.
• Parliamentary Powers: The powers of the State Legislature are exercised by or under the authority of Parliament. Parliament can confer on the President the power to make laws for the state, or delegate this power to any other authority (usually the Governor).
• Impact on the High Court: The constitutional position, jurisdiction, and powers of the state's High Court remain unaffected during President's Rule. High Courts are part of the independent judiciary and operate under the Union's judicial system.
• Financial Provisions: All money bills or other financial bills related to the state are passed by the Parliament.
• Duration and Approval:
  1. A proclamation of President's Rule must be approved by both Houses of Parliament within two months from the date of its issue.
  2. If approved by both Houses, it remains in force for six months.
  3. It can be extended for a maximum period of three years, with parliamentary approval every six months.
  4. However, after one year, it can be extended only if a national emergency (Article 352) is in force 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 on account of difficulties.
• Revocation: President's Rule can be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.
• Judicial Review: The S.R. Bommai case (1994) significantly established that the imposition of President's Rule is subject to judicial review, ensuring that the power is not misused. The Supreme Court laid down guidelines to prevent arbitrary dismissal of state governments.