Question

With reference to the President's rule, consider the following statements:
1. The President cannot impose President's rule without the recommendation of the Governor.
2. The recommendation of the Governor is binding upon the President.

Which of the statements given above is/are correct?

• A. 1 only
  
• B. 2 only
  
• C. Both 1 and 2
  
• D. Neither 1 nor 2

Answer 1

The correct option is D Neither 1 nor 2

If the President is satisfied, on the report of the governor or otherwise, that there exists a situation wherein the governance in a particular state cannot be carried out in accordance with the provisions of the constitution (breakdown of the constitutional machinery), the emergency powers under the article 356 can be imposed. Satisfaction of the President is not personal, but that of the Council of Ministers. Additionally, the report submitted by the governor is his discretionary power.