What are effects of President’s Rule?

Q.  If president of India exercises his power under article 356 of the constitution in the respect of a particular state, then -
- Published on 27 Feb 17

a. Article 19 is suspended in that state.
b. Assembly of that state is dissolved automatically.
c. The president can also get powers of the state high courts.
d. Parliament assumes the power to legislate on subject in the state list.

ANSWER: Parliament assumes the power to legislate on subject in the state list.
    The President acquires the following powers when the President’s Rule is imposed in a state -

    1. He can take up the functions of the state government and powers vested in the governor or any other executive authority in the state.

    2. He can declare that the powers of the state legislature are to be exercised by the Parliament.

    3. He can take all other necessary steps including the suspension of the constitutional provisions relating to anybody or authority in the state.

  • The President dismisses the state council of ministers headed by the chief minister.

  • The state governor, on behalf of the President, carries on the state administration with the help of the chief secretary of the state or the advisors appointed by the President.

  • This is the reason why a proclamation under Article 356 is popularly known as the imposition of ‘President’s Rule’ in a state.

  • Further, the President either suspends or dissolves the state legislative assembly.

  • In case of dissolution fresh elections are held for the state assembly.

  • The Parliament passes the state legislative bills and the state budget.

  • When the state legislature is thus suspended or dissolved -

    1. The Parliament can delegate the power to make laws for the state to the President or to any other authority specified by him in this regard.

    2. The Parliament or in case of delegation, the President or any other specified authority can make laws conferring powers and imposing duties on the Centre or its officers and authorities, the President can authorize, when the Lok Sabha is not in session, expenditure from the state consolidated fund pending its sanction by the Parliament.

    3. The President can promulgate, when the Parliament is not in session, ordinances for the governance of the state.

  • A law made by the Parliament or president or any other specified authority continues to be operative even after the President’s Rule.

  • This means that the period for which such a law remains in force is not co-terminus with the duration of the proclamation.

  • But it can be repealed or altered or re-enacted by the state legislature.

  • It should be noted here that the President cannot assume to himself the powers vested in the concerned state high court or suspend the provisions of the Constitution relating to it.

  • In other words, the constitutional position, status, powers and functions of the concerned state high court remain same even during the President’s Rule.

Post your comment / Share knowledge

Enter the code shown above:
(Note: If you cannot read the numbers in the above image, reload the page to generate a new one.)