Question

Under which article of the Indian Constitution can the President of India impose President’s Rule in a state?

• A. Article 356
• B. Article 352
• C. Article 360
• D. Article 368

Hint:

Article 356 is commonly referred to as the provision for "President’s Rule" and can be invoked when there is a breakdown of constitutional machinery in a state.

Answer 1

The Correct Option is A

Under the Indian Constitution, the President of India can impose President’s Rule in a state under Article 356. This provision allows the President to take control of the administration in a state when the governance of the state is not functioning as per the constitutional provisions, thus leading to the suspension of the state government.

Article 356 - President’s Rule

Article 356 is a crucial provision in the Constitution that deals with situations where the President believes that the state government is unable to function in accordance with the provisions of the Constitution. This article provides the President with the power to dissolve the state legislature, dismiss the state government, and assume executive authority over the state.

The President’s Rule can be invoked under the following circumstances:

• When there is a failure of the constitutional machinery in a state, such as when the state government is unable to maintain law and order, form a government, or comply with constitutional norms.
• When a situation arises where the government of the state is unable to function according to the advice of the Governor or when the state’s administration becomes unmanageable due to political instability.
• When the state is unable to maintain the control of its internal security or when there is a breakdown in the functioning of the legislative assembly, such as during prolonged suspensions of the assembly.

The process under Article 356 begins when the President is satisfied that a situation has arisen where the government of a state cannot be carried out according to the provisions of the Constitution. The President may then issue a proclamation, which leads to the imposition of President's Rule. During this period, the President exercises executive authority, and the state legislature is either dissolved or suspended, with the Governor administering the state on behalf of the President.

Duration of President's Rule

Once invoked, President’s Rule can remain in effect for a period of six months, but it must be ratified by both Houses of Parliament to continue beyond that period. The President’s Rule can be extended indefinitely, but each extension must be approved by Parliament. This provision ensures that the President’s Rule is not imposed arbitrarily, and parliamentary oversight is required to extend its duration.

Other Articles: Clarification

• Article 352: This article deals with the declaration of a national emergency in India. It allows the President to declare an emergency when the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion. This is not related to President's Rule in states.
• Article 360: This article allows the President to proclaim a financial emergency if the financial stability or credit of India or any part of it is threatened. It is unrelated to the imposition of President's Rule in states.
• Article 368: This article lays down the procedure for amending the Indian Constitution, not for imposing President's Rule. It empowers Parliament to amend the Constitution, either by simple majority or by special procedure, depending on the nature of the amendment.

In conclusion, Article 356 is the correct provision that empowers the President to impose President’s Rule in a state when there is a breakdown of governance or constitutional machinery. This ensures that the state can be governed directly by the President through the appointed Governor until normalcy is restored.