President’s Rule

Q.  Which of the following is/are true?

1) The SC cannot itself restore and can only advice the President to restore the dismissed state government if the Presidential Proclamation in the state is held unconstitutional and invalid.
2) The state legislative assembly should be dissolved only after the Parliament has approved the presidential proclamation.
- Published on 14 Jul 16

a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2

ANSWER: Only 2
 
  • If the court holds the presidential proclamation to be unconstitutional and invalid, it has power to restore the dismissed state government and revive the state legislative assembly if it was suspended or dissolved.
  • The state legislative assembly should be dissolved only after the Parliament has approved the presidential proclamation. Until such approval is given, the president can only suspend the assembly. In case the Parliament fails to approve the proclamation, the assembly would get reactivated.
  • The question of the state government losing the confidence of the legislative assembly should be decided on the floor of the House and until that is done the ministry should not be unseated.
  • Where a new political party assumes power at the Centre, it will not have the authority to dismiss ministries formed by other parties in the states.

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