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Consider the following statements about the President's rule:
1. There is no maximum time limit for both National emergency and President's rule if continuously approved by the Parliament.
2. President's rule can be imposed in a state that has engaged in maladministration in the state.
Which of these is/are true?
- a)Only 1
- b)Only 2
- c)Both
- d)None of the above
Correct answer is option 'D'. Can you explain this answer?
Most Upvoted Answer
Consider the following statements about the President's rule:1. There...
- While the National emergency has no time limit, President's rule has to be revoked after a maximum of three years.
- Further, the 44th Amendment Act of 1978 introduced a new provision to put a restraint on the power of Parliament to extend a proclamation of President's Rule beyond one year. Thus, it provided that, beyond one year, the President's Rule can be extended by six months at a time only when the following two conditions are fulfilled:
1. A proclamation of National Emergency should be in operation in the whole of India, or the whole or any part of the state.
2. Election Commission must certify that the general elections to the legislative assembly of the concerned state cannot be held on account of difficulties.
The President may revoke a proclamation of President's Rule at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.
Proven maladministration or even corruption cannot be a ground to impose president's rule as per the guidelines laid down by the Supreme Court in the S. R. Bommai v UOI, 1994 AIR 1918.
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Consider the following statements about the President's rule:1. There...
Explanation:
Statement 1: There is no maximum time limit for both National emergency and President's rule if continuously approved by the Parliament.
This statement is incorrect. According to the Indian Constitution, the President's rule can be imposed in a state for a maximum period of six months. However, this period can be extended with the approval of both houses of Parliament. If approved, the President's rule can be extended for a maximum period of three years, but it needs to be reviewed every six months.
Statement 2: President's rule can be imposed in a state that has engaged in maladministration in the state.
This statement is correct. According to Article 356 of the Indian Constitution, the President's rule can be imposed in a state if the President, on receiving a report from the Governor of the 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 the Constitution. This situation can arise due to various reasons, including maladministration in the state.
Conclusion:
Considering the above explanations, only statement 2 is true. Therefore, the correct answer is option 'D' - None of the above.
Statement 1: There is no maximum time limit for both National emergency and President's rule if continuously approved by the Parliament.
This statement is incorrect. According to the Indian Constitution, the President's rule can be imposed in a state for a maximum period of six months. However, this period can be extended with the approval of both houses of Parliament. If approved, the President's rule can be extended for a maximum period of three years, but it needs to be reviewed every six months.
Statement 2: President's rule can be imposed in a state that has engaged in maladministration in the state.
This statement is correct. According to Article 356 of the Indian Constitution, the President's rule can be imposed in a state if the President, on receiving a report from the Governor of the 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 the Constitution. This situation can arise due to various reasons, including maladministration in the state.
Conclusion:
Considering the above explanations, only statement 2 is true. Therefore, the correct answer is option 'D' - None of the above.
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Consider the following statements about the President's rule:1. There is no maximum time limit for both National emergency and President's rule if continuously approved by the Parliament.2. President's rule can be imposed in a state that has engaged in maladministration in the state.Which of these is/are true?a) Only 1b) Only 2c) Bothd) None of the aboveCorrect answer is option 'D'. Can you explain this answer?
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