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Which of the following statements is true in relation to the enforcement of President’s Rule?
Question

Which of the following statements is true in relation to the enforcement of President’s Rule?

A.

The Governor’s recommendation can lead to dismissal of a State government, even if it enjoys a majority.

B.

It can be extended indefinitely with the consent of the Prime Minister.

C.

The President cannot impose President’s Rule unless the Supreme Court permits.

D.

President’s Rule can be declared without Parliament’s approval.

Correct option is A

The correct answer is (a) The Governor’s recommendation can lead to dismissal of a State government, even if it enjoys a majority.
Explanation:

• Under Article 356, the Governor can send a report to the President recommending President’s Rule if the constitutional machinery in a state has broken down.

• In practice, even if a government claims majority, the Governor’s subjective report has led to dismissal of state governments.

• Historically, this provision was often misused by the Union government to dismiss opposition-led state governments.

• However, the Supreme Court in S.R. Bommai vs. Union of India (1994) restricted arbitrary use and ruled that majority should be tested on the floor of the House.

• Despite judicial safeguards, technically the Governor’s report can trigger dismissal.
Information Booster:

• President’s Rule = State Emergency.

• Duration: 6 months at a time, extendable up to 3 years with parliamentary approval.

• Parliament assumes legislative powers of the state.

• Governor acts as the President’s representative.

• Beyond 1 year, extension requires Election Commission certification that elections cannot be held.

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