Question

Which of the following is not necessarily the consequences of the proclamation of the President's rule in a State?

1. Dissolution of the State Legislative Assembly.

2. Removal of the Council of Ministers in the State.

3. Dissolution of the local bodies.

4. Automatic suspension of Article 19.

1. 1, 2 and 3
2. 1, 3 and 4
3. 2, 3 and 4
4. 1, 2 and 4

Answer 1

Correct Answer - Option 2 : 1, 3 and 4

The correct answer is 1, 3, and 4.

• Article 356 empowers the President to proclaim if he is satisfied that a situation has arisen in which the government of a state cannot be carried on following the provisions of the constitution.
• Article 365 says that whenever a state fails to comply with or to give effect to any direction from the center, it will be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on following the provisions of the constitution.
• Automatic suspension of Article 19 takes place in the case of National Emergency. (Article 358).
• Impact of President's Rule:
• The President acquires the following extraordinary powers when the President’s rule is imposed in a state:

1. According to Article 365, if a state government fails to exercise its executive powers in compliance with the directions given by the Union government, the responsibility shifts to the governor of the state to assess the situation and recommend the dissolution of state Assembly to the Union cabinet.
2. This proclamation is made by the President only when the governor is convinced that the state cannot function in accordance with the provisions of the Constitution.
3. Although the power of dissolution of state Assembly is vested with the Governor, yet such a power can be exercised only after both Houses of Parliament approve the decision. 
4. If the proclamation made by the President under Article 356 to dissolve the Assembly is approved by both the Houses within two months, the government does not revive on the expiry of the period of dissolution.
5. He can take up the functions of the state government and powers vested in the governor or any other executive authority in the state.
6. He can declare that the powers of the state legislature are to be exercised by the parliament. 
7. He can take all other necessary steps including the suspension of the constitutional provisions relating to anybody or authority in the state.
8. Removal of Council of Ministers in the state.