History & Civics
With reference to Emergency in the event of failure of Constitutional Machinery in a State, answer the following questions:
(a) When is such an Emergency proclaimed?
(b) What is the Duration of the Emergency?
(c) What are the effects of the imposition of the President's Rule?
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.
The President may assume all or any of the functions of the Government of the State. That is why it is popularly known as the imposition of the "President's Rule".
(b) The duration of this emergency is two months.
- If it is to continue beyond two months, it should be ratified by the Parliament.
- But even if Parliament has ratified the Proclamation, it will cease to operate six months after the date of its issue.
- It can, however, be extended for another six months.
- Thus, President's Rule can normally continue only for a year.
- President's rule may be extended beyond one year only under the following two conditions-
- When a Proclamation of Emergency is in operation in the whole of India or in any part of the State.
- The Election Commission certifies that holding elections to the Legislative Assembly of the State is difficult. But no such Proclamation shall remain in force for more than three years.
(c) The consequences of the imposition of the President's rule are:
- Legislative Assembly of the State may be dissolved or suspended. In that case powers of the State Legislature shall be exercised by the Parliament.
- The Annual Budget of the State is passed by the Parliament.
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