Machine-translated by Google. Questions are authored in English.
Top

Discussion

President’s Rule in a state is imposed under which article of the Constitution?

  • A.Article 356
  • B.Article 352
  • C.Article 360
  • D.Article 370

Answer: D

Correct answer: Article 356

Article 356 allows the President, on receipt of a report from the Governor or otherwise, to assume the government of a state where the constitutional machinery has failed. It is commonly called President’s Rule or state emergency. The state assembly is then dissolved or suspended and the state is administered by the Governor on the President’s behalf, with Parliament legislating for it. The proclamation must be approved by both Houses within two months and lasts six months at a time, up to a maximum of three years. It was used very freely - over a hundred times - often to remove opposition governments, until the Supreme Court’s judgment in S. R. Bommai in 1994 made the proclamation subject to judicial review and held that a government’s majority must be tested on the floor of the House, not assessed in the Governor’s report. Its use has been far rarer since. Article 352 covers national emergency, Article 360 financial emergency - never yet declared - and Article 370 the former special status of Jammu and Kashmir.

No comment is present. Be the first to comment.
Loading…

Post your comment

Please log in or register to post a comment.