Answer the question based on the following Legal Principle and the Factual Situation. LEGAL PRINCIPLE: Imposition of President's Rule in a State - Article 356 has been used in the constitutional…
Question and options
Answer the question based on the following Legal Principle and the Factual Situation.
LEGAL PRINCIPLE: Imposition of President's Rule in a State - Article 356 has been used in the constitutional history of India more than a hundred times, including in 2005 to dissolve the Legislative Assembly of Bihar. Article 356, in so far as it is relevant for the present purposes, enacts: "If the President, on receipt of report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by proclamation impose presidential rule in the State." So, these are the constitutional provisions in case of failure of the constitutional machinery in States.
LEGAL PRINCIPLE: Imposition of President's Rule in a State - Article 356 has been used in the constitutional history of India more than a hundred times, including in 2005 to dissolve the Legislative Assembly of Bihar. Article 356, in so far as it is relevant for the present purposes, enacts: "If the President, on receipt of report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by proclamation impose presidential rule in the State." So, these are the constitutional provisions in case of failure of the constitutional machinery in States.
FACTUAL SITUATION I: The Mayawati Government in Uttar Pradesh fell due to the withdrawal of support given to it by the BJP. The State Governor placed the U.P. Assembly under suspended animation. As no alternative government could be formed, the Governor sent a report to the President recommending dissolution of the Assembly and proclamation of President's rule under Article 356 in the State. On the basis of the Governor's report the President imposed President's rule and, after the proclamation was approved by both Houses of Parliament, dissolved the Assembly.
Was the Presidential action under Article 356 dissolving the U.P. Assembly constitutionally valid?
Was the Presidential action under Article 356 dissolving the U.P. Assembly constitutionally valid?
- Presidential action was valid
- Presidential action was invalid
- Not questionable
- None of the given options is correct
Answer and explanation
Correct answer: A - Presidential action was valid
The government lost its majority and no alternative government could be formed, so the State could not be carried on under the Constitution. President's rule on the Governor's report, with dissolution only after both Houses approved the proclamation (as S.R. Bommai requires), is a valid use of Art 356. 'Not questionable' is wrong because such action is open to judicial review.
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