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History & Civics

The President may declare an emergency in a State, if he/she is convinced of the breakdown of constitutional machinery in the State. In this context, answer the following questions:

(a) When can such an emergency be proclaimed? Why is such an emergency often referred to as President's Rule?

(b) What is the duration of such an emergency? State two conditions under which such an emergency can be extended beyond one year.

(c) State the effect of the emergency on the administration of the State.

President & Vice-President

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Answer

(a) If the President, on receipt of a report from the Governor or otherwise, is satisfied that the governance of a State cannot be carried on in accordance with the provisions of the Constitution, he may declare an emergency in the State. This is called President's rule because the President may assume to himself all or any of the functions of the Government of the State.

(b) The duration of such an emergency is two months.

  1. If it were to continue beyond two months, it should be ratified by the Parliament.
  2. The Proclamation will cease to be valid for six months after the date of its issue even if the Parliament ratifies it.
  3. It can, however, be extended for another six months.
  4. Thus, President's Rule can normally continue only for a year.
  5. It may be extended beyond one year, under two conditions:
    1. When a Proclamation of Emergency is in operation in the whole of India or in any part of the State
    2. The Election Commission certifies that holding elections to the Legislative Assembly of the State is difficult.

(c) The effect of the emergency on the administration of the State is as follows-

  1. The State administration is directly placed under the President (i.e. the Union Government). The Governor of the concerned State acts in accordance with the instructions that are issued by the Union Government from time to time.
  2. The President may:
    1. dissolve the Vidhan Sabha of the State and dismiss the Council of Ministers
    2. keep the Assembly and the Council of Ministers in suspended animation.
      In both cases, the Union Parliament can pass laws, even on all the Subjects of the State List, for that particular State. Even the Annual Budget of that State is presented to and passed by the Parliament.
  3. When the Lok Sabha is not in session the President may authorise expenditure out of the Consolidated Fund of the State.
  4. The President may suspend the provision of the Constitution relating to any authority of the State except those relating to High Courts.

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