Q. With respect to the President’s rule under Article 356, consider the following statements:
The resolution for its proclamation must be passed by both Houses via a special majority.
Its proclamation must be approved within 1 months from the date of its issue.
Fundamental Rights of the citizens get suspended during its proclamation.
It can be extended to a maximum period of 3 years with Parliamentary approval every 6 months.
Which of the statements given above is/are correct? Answer:
Only 4
Notes:
President’s rule can be proclaimed under Article 356: President can issue a proclamation if he is satisfied that the govt in a state cannot be carried out in accordance with the Constitution. He can act with or without the governor’s report; And under Article 365: If a state fails to comply with or give effect to any direction from the Centre. Every such resolution must be passed by both houses via a simple majority.
Proclamation imposing President’s rule must be approved by both houses of the Parliament within 2 months from the date of its issue.
If a proclamation is issued when Lok Sabha (LS) is dissolved or dissolution of LS takes place during this period of 2 months without approving the proclamation. The proclamation will survive for 30 days from 1st sitting of LS after its reconstitution, but only if Rajya Sabha has already approved it.
If both houses approve the proclamation within the period of 2 months then, President’s rule continues for 6 months.
It can be extended to a maximum period of 3 years with Parliamentary approval every 6 months. If the dissolution of Lok Sabha (LS) takes place during this period of 6 months without approving the further continuation of a national emergency. The proclamation will survive for 30 days from 1st sitting of LS after its reconstitution, but only if Rajya Sabha has already approved its continuation.
It has no effect on the Fundamental Rights of the citizens.
President can do so at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.