Question 1

President's Rule can be extended indefinitely as long as the state is experiencing violence.

Accepted Answer

Under Article 356(4), President's Rule cannot be extended beyond a maximum period of three years under any circumstances. Any extension beyond three years requires a constitutional amendment.

Question 2

The State Legislative Assembly is automatically and immediately dissolved as soon as the President signs the Article 356 proclamation.

Accepted Answer

The Assembly is initially placed in 'suspended animation'. It can only be formally dissolved after both houses of Parliament approve the emergency proclamation.

Question 3

Consider the following statements regarding the extension of President's Rule under Article 356:
1. A resolution approving the extension of President's Rule must be passed by a special majority in both Houses of Parliament.
2. To extend President's Rule beyond one year, there must be a National Emergency in operation or a certification from the Election Commission.
3. During the operation of President's Rule, the President can assume all powers vested in the Governor but cannot assume the powers vested in the High Court.
How many of the above statements are correct?

Accepted Answer

(b) Only two — Statement 1 is incorrect: A resolution approving the proclamation of President's Rule or its extension requires only a simple majority in Parliament, not a special majority (which is required for Article 352). Statement 2 is correct: The 44th Amendment Act (1978) mandates these conditions for extending President's Rule beyond one year. Statement 3 is correct: Article 356(1)(c) explicitly states that the President cannot assume any of the powers vested in or exercisable by a High Court. Therefore, exactly two statements are correct.

Question 4

Match List I (Constitutional Provisions/Cases) with List II (Associated Principles regarding State Emergency) and select the correct answer:

List I
A. Article 355
B. 44th Amendment Act
C. S.R. Bommai Case
D. Article 356

List II
1. Mandated that Assembly cannot be dissolved before Parliamentary approval
2. Requires EC certification for extending President's Rule beyond one year
3. Imposition of central rule due to failure of constitutional machinery
4. Duty of the Union to protect states against internal disturbance

Accepted Answer

(a) A-4, B-2, C-1, D-3 — Article 355 (A) outlines the duty of the Union to protect states from external aggression and internal disturbance (4). The 44th Amendment Act (B) introduced the clause limiting extensions beyond one year without specific conditions like EC certification (2). The S.R. Bommai Case (C) established that the Assembly should only be dissolved after Parliamentary approval (1). Article 356 (D) deals with the failure of constitutional machinery in states (3).

Question 5

Assertion (A): During the operation of President's Rule in a state, the fundamental rights of the citizens in that state are automatically suspended.
Reason (R): Article 356 allows the President to assume all executive and legislative functions of the state government to restore constitutional machinery.

Accepted Answer

(d) A is false but R is true — Assertion (A) is false because President's Rule (Article 356) has no effect on Fundamental Rights. The suspension of Fundamental Rights can only occur during a National Emergency (under Articles 358 and 359 connected to Article 352). Reason (R) is true as Article 356 does allow the President to assume executive powers and delegate legislative powers to Parliament.

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