Q. Which of the following are not necessarily the consequences of the proclamation of the President’s rule in a State?

  1. Dissolution of the State Legislative Assembly
  2. Removal of the Council of Ministers in the State
  3. Dissolution of the local bodies

Select the correct answer using the code below:

  • 1 and 2 only
  • 1 and 3 only
  • 2 and 3 only
  • 1, 2 and 3

Answer: (b) 1 and 3 only

Proclamation of President rule:
  • Article 356 states that the President’s Rule can be imposed on any state of India on the grounds of the failure of the constitutional machinery.
  • When the President’s Rule is imposed in a state, the President dismisses the state council of ministers headed by the chief minister.
  • The state governor, on behalf of the President, carries on the state administration with the help of the chief secretary of the state or the advisors appointed by the President. Hence Removal of the Council of Ministers in the State is definitely the consequence of proclamation.
  • During the president’s rule is in operation, the state executive is dismissed and the state legislature and local bodies are either suspended or dissolved. So dissolution is not ‘necessarily’ the consequence.
 Article 356:
  • Article 356 of the Constitution of India is based on Section 93 of the Government of India Act, 1935.
  • According to Article 356, President’s Rule can be imposed on any state of India on the grounds of the failure of the constitutional machinery.
  • This is of two types:
    • If the President receives a report from the state’s Governor or is otherwise convinced or satisfied that the state’s situation is such that the state government cannot carry on the governance according to the provisions of the Constitution.
    • Article 365: As per this Article, President’s Rule can be imposed if any state fails to comply with all directions given by the Union on matters it is empowered to.
  • In simple words, the President’s Rule is when the state government is suspended and the central government directly administers the state through the office of the Governor (centrally appointed).
  • Parliamentary approval is necessary for the imposition of the President’s Rule in any state.
    • The proclamation of President’s Rule should be approved in both Houses of Parliament within two months of its issue. The approval is by a simple majority.
  • The President’s Rule is initially for a period of six months. Later, it can be extended for a period of three years with parliamentary approval, every six months.
  • The 44th Amendment to the Constitution (1978) brought in some constraints on the imposition of the President’s Rule beyond a period of one year. It says that President’s Rule cannot be extended beyond one year unless:
    • There is a national emergency in India.
    • The Election Commission of India certifies that it is necessary to continue the President’s Rule in the state because of difficulties in conducting assembly elections in the state.
  • What happens after the President’s Rule is imposed?
    • The governor carries on with the administration of the state on behalf of the President. He or she takes the help of the state’s Chief Secretary and other advisors/administrators whom he or she can appoint.
    • The President has the power to declare that the state legislature’s powers would be exercised by the Parliament.
    • The state legislative assembly would be either suspended or dissolved by the President.
    • When the Parliament is not in session, the President can promulgate ordinances with respect to the state’s administration.
  • Revocation of the President’s Rule:
    • President’s Rule can be revoked any time after such a proclamation has been made by a subsequent proclamation by the President. 
    • A proclamation of revocation does not require approval by Parliament.