Consider the following statements with reference to President's rule that is imposed under Article 356 of the Constitution. 1. A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within one month from the date of its issue. 2. A proclamation of President’s Rule may be revoked by the President at any time by a subsequent proclamation. 3. It cannot be imposed without the written recommendation of the Governor of the concerned state. Which of the statements given above is/are NOT correct?
Consider the following statements with reference to President's rule that is imposed under Article 356 of the Constitution. 1. A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within one month from the date of its issue. 2. A proclamation of President’s Rule may be revoked by the President at any time by a subsequent proclamation. 3. It cannot be imposed without the written recommendation of the Governor of the concerned state. Which of the statements given above is/are NOT correct? Correct Answer 1 and 3 only
The correct answer is 1 and 3 only.
Important Points
- PRESIDENT’S RULE
- The President’s Rule can be proclaimed under Article 356 on two grounds–one mentioned in Article 356 itself and another in Article 365:
- Article 356 empowers the President to issue a proclamation if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. Notably, the president can act either on a report of the governor of the state or otherwise too (i.e, even without the governor’s report). Hence, statement 3 is NOT correct.
- Article 365 says that whenever a state fails to comply with or to give effect to any direction from the Centre, it will be lawful for the president to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
- A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue. Hence, statement 1 is NOT correct.
- However, if the proclamation of President’s Rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha approves it in the meantime.
- A proclamation of President’s Rule may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval. Hence, statement 2 is correct.
- The President’s Rule can be proclaimed under Article 356 on two grounds–one mentioned in Article 356 itself and another in Article 365:
Additional Information
- If approved by both the 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 the Parliament, every six months.
- Every resolution approving the proclamation of President’s Rule or its continuation can be passed by either House of Parliament only by a simple majority, that is, a majority of the members of that House present and voting.
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Feb 20, 2025