DMPQ: Discuss the provisions under article 356. (POLITY)

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President rule can be imposed under article 356 in the event of constitutional breakdown of the state.  After invocation of the article, the state comes under the direct control of the central government.

Executive authority us exercised through governor, who has the authority to appoint retired civil servants or other administrators to assist him. In practice president’s rule has been imposed under different circumstances such as these: State Legislature is unable to elect a leader as Chief Minister ;Breakdown of a coalition; Loss of majority in the assembly; Elections postponed for unavoidable reasons.

If approved by both houses, President’s Rule can continue for 6 months. It can be extended for maximum 3 years with approval of Parliament in every 6 months. If Loksabha is dissolved during this time, rule is valid for 30 days from the first sitting of Loksabha provided that contiuance has already been approved by Rajyasabha.

The 44th Amendment Act of 1978, introduced a new provision to put a restraint on the power of the Parliament to extend President’s rule in a state. According to this provision, President’s rule can only be extended over a year in every 6 months under following conditions:

  1. There is National emergency already in whole of India, or in the whole or any part of the state.
  2. Election commission certifies that elections cannot be conducted in the concerned state. Although, President’s rule can be revoked anytime by the President and it does not need Parliament’s approval.

 

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