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 II: The President of India issues a proclamation imposing the President's rule in the State of Uttar Pradesh on the ground that the State has failed to curb the ongoing communal violence in the State which has received inspiration from the Ram Janmabhoomi and Babri Masjid issue.
Is this proclamation under Article 356 constitutionally valid?
Is this proclamation under Article 356 constitutionally valid?
- No, because curbing communal violence cannot be a good ground to invoke the proclamation under Article 356.
- Yes, imposition of President's rule in U.P. was a valid exercise of power
- Presidential action is immune to any remark etc.
- None of the given options is correct
Answer and explanation
Correct answer: B - Yes, imposition of President's rule in U.P. was a valid exercise of power
In S.R. Bommai v Union of India (1994) the Supreme Court held secularism to be a basic feature and upheld the proclamations in Rajasthan, Madhya Pradesh and Himachal Pradesh after the Babri Masjid demolition, because those State governments could not be carried on in accordance with the Constitution. A State's failure to curb communal violence of this kind is likewise a valid ground for President's rule, so the proclamation is valid. The view that communal violence cannot ground a proclamation is contrary to Bommai, and the claim that the action is immune from comment is wrong because a proclamation is open to judicial review.
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