Question
Consider the following statements regarding
President’s Rule in India: 1. The term ‘President’s Rule’ is explicitly mentioned in Article 356 of the Indian Constitution. 2. It can be revoked by the President at any time without Parliamentary approval. Which of the above statements is/are correct?Solution
Parliament has adopted a Statutory Resolution confirming the imposition of the President’s Rule in Manipur. About President’s Rule • Article 356: Union govt can take direct control of the state machinery if a state government is unable to function according to the Constitution. Valid for six months & can be extended up to three years in phases. Can It can be revoked by the President at any time without Parliamentary approval. 44th Amendment Act, 1978: President’s rule can only be extended over a year every 6 months only after certification of Election Commision or in case of National Emergency. • Article 365: President’s Rule can be proclaimed if a state fails to comply with directions given by the Union. • It was imposed for the first time in PEPSU state (1954) and then in Kerala (1959). • The term ‘President’s Rule’ is not mentioned in the Constitution. • Major Cases: S R Bommai vs Union of India (1994); Buta Singh case (2005).
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