Question 61 from UPSC CSE 2018 - Polity

Question

If the President of India exercises his power as provided under Article 356 of the Constitution of a particular State, then

IASCODEX · Accepted Answer

Correct Option: B. the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament

Strategy: Focus on the powers conferred under Article 356. The crucial aspect is that when President's Rule is imposed, the Parliament assumes the legislative powers of the State Legislature — but dissolution of assembly is not automatic, and Article 19 is not affected. The power to make laws in that state is vested in Parliament, rather than directly in the President. So, option B is the precise constitutional outcome.

Key Info: Article 356 of the Indian Constitution empowers the President to impose President's Rule in a state if the constitutional machinery has failed. Under this provision:
- The President can assume to himself all or any functions of the government of the state and all or any powers vested in or exercisable by the Governor or any other executive authority.
- The President can declare that the powers of the Legislature of the state will be exercisable by or under the authority of Parliament. This means the Parliament can legislate for the state on subjects in the State List during the period of President's Rule.
- The state legislative assembly may be either suspended or dissolved, but dissolution is not automatic upon proclamation.
- Article 19 is not automatically suspended under Article 356; this occurs only under the provisions for National Emergency (Article 352).
- The President cannot legislate for the state directly; laws are made by or under the authority of Parliament.
Application: President's Rule is subject to parliamentary approval and must be approved by both Houses within two months. The maximum period for President's Rule in a state is six months at a time, extendable to a maximum of three years with parliamentary approval and special conditions. Notable examples of extended President's Rule are seen in states like Punjab, J&K, and Manipur.

IASCODEX · Answer

Option A: the Assembly of the State is automatically dissolved

IASCODEX · Answer

Option C: Article 19 is suspended in that State

IASCODEX · Answer

Option D: the President can make laws relating to that State