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With reference to the Article 356, consider the following statements:
1. The governor has the power to recommend the dismissal of the state government.
2. The President’s proclamation has to be ratified by the Parliament.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
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Most Upvoted Answer
With reference to the Article 356, consider the following statements:...
Explanation:
Article 356 of the Indian Constitution
Article 356 of the Indian Constitution deals with the imposition of President's Rule in states. It empowers the President to dismiss the state government and assume direct control of the state's administration if there is a failure of the constitutional machinery in the state.
Statement 1: The governor has the power to recommend the dismissal of the state government.
This statement is correct. According to Article 356, the President can impose President's Rule in a state only on the report of the Governor of the concerned state. If the Governor 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 the imposition of President's Rule to the President.
Statement 2: The President’s proclamation has to be ratified by the Parliament.
This statement is also correct. Once the President receives the Governor's report recommending the imposition of President's Rule, the President can issue a proclamation to impose President's Rule in the state. However, this proclamation has to be approved by both Houses of Parliament within a period of 2 months. If the proclamation is not approved, it ceases to operate.
Conclusion
Both statements are correct. The Governor has the power to recommend the dismissal of the state government and the President's proclamation has to be ratified by the Parliament. Therefore, the correct answer is option 'C' - Both 1 and 2.
Article 356 of the Indian Constitution
Article 356 of the Indian Constitution deals with the imposition of President's Rule in states. It empowers the President to dismiss the state government and assume direct control of the state's administration if there is a failure of the constitutional machinery in the state.
Statement 1: The governor has the power to recommend the dismissal of the state government.
This statement is correct. According to Article 356, the President can impose President's Rule in a state only on the report of the Governor of the concerned state. If the Governor 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 the imposition of President's Rule to the President.
Statement 2: The President’s proclamation has to be ratified by the Parliament.
This statement is also correct. Once the President receives the Governor's report recommending the imposition of President's Rule, the President can issue a proclamation to impose President's Rule in the state. However, this proclamation has to be approved by both Houses of Parliament within a period of 2 months. If the proclamation is not approved, it ceases to operate.
Conclusion
Both statements are correct. The Governor has the power to recommend the dismissal of the state government and the President's proclamation has to be ratified by the Parliament. Therefore, the correct answer is option 'C' - Both 1 and 2.
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With reference to the Article 356, consider the following statements:1. The governor has the power to recommend the dismissal of the state government.2. The President’s proclamation has to be ratified by the Parliament.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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