In which of the following situations is the use of the Presidents Rule...
Use of President's Rule in India
Introduction:
President's Rule is a constitutional provision that allows the President of India to dissolve a state government and impose direct central government rule in a state.
Situations in which President's Rule is allowed:
The use of President's Rule is allowed in the following situations:
1. Constitutional direction of the Central government is disregarded by the state government:
If a state government fails to comply with the constitutional directives issued by the central government, the President of India can impose President's Rule.
2. Hung Assembly:
When no political party or pre-poll alliance or coalition of parties is able to form a government in a state, the Governor of the state can send a report to the President of India recommending President's Rule.
3. Internal disturbance:
If the Governor of a state 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, the Governor can recommend President's Rule.
Conclusion:
Thus, President's Rule can be imposed in a state only under certain circumstances as mentioned above. It is an emergency provision to ensure that the governance of a state is not disrupted due to political instability or any other reasons.
In which of the following situations is the use of the Presidents Rule...
Imposition of the President's Rule in a state would be proper in the following situation - a. Where after general elections to the assembly, no party secures a majority,that is,‘Hung Assembly’. b. Where the party having a majority in the assembly declines to form a ministry and the governor cannot find a coalition ministry commanding a majority in the assembly. c. Where a ministry resigns after its defeat in the assembly and no other party is willing or able to form a ministry commanding a majority in the assembly. d. Where a constitutional direction of the Central government is disregarded by the state government. e. Internal subversion where, for example,a government is deliberately acting against the Constitution and the law or is fomenting a violent revolt. f. Physical breakdown where the government will fully refuse to discharge its constitutional obligations endangering the security of the state. The imposition of the President's Rule in a state would be improper under the following situations - a. Where a ministry resigns or is dismissed on losing majority support in the assembly and the governor recommends imposition of President’s Rule without probing the possibility of forming an alternative ministry. b. Where the governor makes his own assessment of the support of a ministry in the assembly and recommends imposition of President’s Rule without allowing the ministry to prove its majority on the floor of the Assembly. c. Where the ruling party enjoys majority support in the assembly has suffered a massive defeat in the general elections to the Lok Sabha such as in 1977 and 1980. d. Internal disturbances not amounting to internal subversion or physical breakdown. e. Mal-administration in the state or allegations of corruption against the ministry or stringent financial exigencies of the state. f. Where the state government is not given prior warning to rectify itself except in case of extreme urgency leading to disastrous consequences. g. Where the power is used to sort out intra-party problems of the ruling party, or for a purpose extraneous or irrelevant to the one for which it has been conferred by the Constitution.