Question

Q. With reference to the President's rule, consider the following statements:

Which of the above given statements is/are correct?

• A.
  1 and 3 only
• B.
  1 and 2 only
• C.
  2 and 3 only
• D.
  1 only

Answer 1

The correct option is A

1 and 3 only
Explanation:

Statement 1 is correct: One of the most controversial articles in the Constitution is Article 356, which provides for President’s rule in any State. This provision is to be applied, when ‘a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.’ It results in the takeover of the State government by the Union government. The Governor has the power to recommend the dismissal of the State government and suspension or dissolution of the State assembly.

Statement 2 is Incorrect: The President’s proclamation has to be ratified by Parliament. President’s rule can be extended till three years.

Statement 3 is correct: In some cases, State governments were dismissed even when they had a majority in the legislature, as had happened in Kerala in 1959 or without testing their majority, as happened in several other States after 1967.Some cases went to the Supreme Court and the Court has ruled that the constitutional validity of the decision to impose President’s rule can be examined by the judiciary.