Defence
Provisions in case of failure of the constitutional machinery in a state (President's Rule) are given in:
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Answer: Option B — Article 356
Detailed Solution
Article 356 allows the President to take over the government of a state if he is satisfied, on the report of the Governor or otherwise, that the government of the state cannot be carried on according to the provisions of the Constitution. This is known as President's Rule or State Emergency, or "constitutional emergency".
When President's Rule is imposed:
- The President takes over the functions of the state government; in practice, the Governor runs the state on behalf of the President, with the help of advisers.
- The state legislature is either suspended or dissolved, and Parliament can make laws for the state.
- The High Court's powers are not affected.
The proclamation must be approved by both Houses of Parliament within two months by a simple majority. Once approved, it lasts for six months and can be extended by six months at a time, up to a maximum of three years. Extension beyond one year is allowed only if a National Emergency is in force or the Election Commission certifies that elections cannot be held.
Article 365 adds another ground: if a state fails to follow the directions of the Union, the President may treat it as a failure of the constitutional machinery.
Article 356 has been used more than 100 times since 1950, often for political reasons. Dr B.R. Ambedkar hoped it would remain a "dead letter" and be used only as a last resort. In the S.R. Bommai case (1994), the Supreme Court ruled that the imposition of President's Rule is open to judicial review and that a government's majority must be tested on the floor of the House. The Sarkaria Commission (1988) also recommended that it be used very sparingly.
The first use of Article 356 was in Punjab in 1951.
Why not the other options?
- ✗Article 352 deals with National Emergency.
- ✗Article 360 deals with Financial Emergency.
- ✗Article 365 deals with the effect of failure to comply with Union directions.
Quick tip
Remember: Article 356 = President's Rule, approval within 2 months, maximum 3 years, first used in Punjab (1951); S.R. Bommai case (1994) allows judicial review.
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Centre-State Relations & Emergency Provisions — Preparation
This question tests your understanding of Centre-State Relations & Emergency Provisions, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.
This topic covers the distribution of legislative, administrative and financial powers between the Centre and the states, the Union, State and Concurrent Lists, inter-state councils and zonal councils, and the three types of emergency: national emergency (Article 352), President's rule (Article 356) and financial emergency (Article 360). Exams ask which list a subject falls in, which commission examined Centre-state relations (the Sarkaria and Punchhi Commissions), and how often each type of emergency has been declared. Remember that a financial emergency has never been declared in India, and that 'armed rebellion' replaced 'internal disturbance' as a ground for national emergency through the 44th Amendment. Practise the Centre-state relations and emergency provisions questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.