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.