Question 61
Who has the power to recommend President's Rule in a state?
- AOption (a)
Chief Minister
- BOption (b)
Governor
- COption (c)
Prime Minister
- DOption (d)
Supreme Court
View answer & explanationHide answer & explanation
Correct answer
Governor
Why this answer is correct
The correct answer is Governor.
Key Points
- The Governor of a state has the constitutional authority under Article 356 of the Indian Constitution to recommend the imposition of President’s Rule (also known as State Emergency).
- This recommendation is made when the Governor is satisfied that the government of the state cannot be carried on in accordance with the provisions of the Constitution, signifying a breakdown of constitutional machinery.
- While the President is the authority who officially issues the proclamation, they generally act based on a formal report submitted by the Governor, though the President can also act independently if a grave situation arises.
- Upon the imposition of President’s Rule, the Council of Ministers headed by the Chief Minister is dismissed, and the state administration comes under the direct control of the Union Government through the Governor.
Additional Information
- Constitutional Framework:
- Article 356: Inspired by Section 93 of the Government of India Act, 1935, it allows the Center to take over state administration.
- Parliamentary Approval: Every proclamation of President’s Rule must be approved by both houses of Parliament within two months (60 days) by a simple majority.
- Duration: Once approved, it continues for six months and can be extended up to a maximum of three years with periodic parliamentary approval every six months.
- Judicial Oversight:
- S.R. Bommai v. Union of India (1994): A landmark Supreme Court judgement that established the power of judicial review over the President’s proclamation to prevent the arbitrary dismissal of state governments.
- The court ruled that the floor test in the State Legislative Assembly is the only valid way to check the majority of a government.
- Related Emergency Provisions:
- Article 352: Relates to National Emergency due to war, external aggression, or armed rebellion.
- Article 360: Relates to Financial Emergency, which has never been declared in India to date.