Circumstances for improper exercise of power under Article 356
Q. Which of the following are the circumstances for improper exercise of power under Article 356?
1) Maladministration in the state or allegations of corruption against the ministry or stringent financial exigencies of the state
2) Internal disturbances not amounting to internal subversion or physical breakdown
3) Where a ministry resigns and the governor recommends President’s Rule without probing the possibility of forming an alternative ministry.- Published on 30 Mar 16a. 1, 3
b. 2, 3
c. All of the above
d. All the above are proper
ANSWER: All of the above
The imposition of President’s Rule in a state would be improper under the following situations:
- Where a ministry resigns or is dismissed on losing majority support in the assembly and the governor recommends imposition of President’s Rule without probing the possibility of forming an alternative ministry.
- Where the governor makes his own assessment of the support of a ministry in the assembly and recommends imposition of President’s Rule without allowing the ministry to prove its majority on the floor of the Assembly.
- Where the ruling party enjoying majority support in the assembly has suffered a massive defeat in the general elections to the Lok Sabha such as in 1977 and 1980.
- Internal disturbances not amounting to internal subversion or physical breakdown.
- Maladministration in the state or allegations of corruption against the ministry or stringent financial exigencies of the state.
- Where the state government is not given prior warning to rectify itself except in case of extreme urgency leading to disastrous consequences.
- Where the power is used to sort out intra-party problems of the ruling party, or for a purpose extraneous or irrelevant to the one for which it has been conferred by the Constitution.
