Q. Consider the following statement about President’s Rule in India:
1. Article 356 and Article 365 mentions the grounds of proclamation of President’s Rule in India.
2. The presidential proclamation imposing President’s Rule is not subjected to judicial review.
Which of the statements given above is/are correct?
Article 355 imposes a duty on the Centre to ensure that the government of every state is carried on in accordance with the provisions of the Constitution.
- It is this duty in the performance of which the Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in state.
- This is popularly known as ‘President’s Rule’. It is also known as ‘State Emergency’ or ‘Constitutional Emergency’.
- The President’s Rule can be proclaimed under Article 356 on two grounds —one mentioned in Article 356 itself and another in Article 365.
- The 38th Amendment Act of 1975 made the satisfaction of the President in invoking Article 356 final and conclusive which could not be challenged in any court on any ground.
- But, this provision was subsequently deleted by the 44th Amendment Act of 1978 implying that the satisfaction of the President is not beyond judicial review.
- In Bommai case (1994), the Supreme Court said that imposition of President’s Rule in a state under Article 356 is subject to judicial review.
Source: Indian Polity by Laxmikanth