Question
Download Solution PDFWho has the authority to revoke the 'President Rule' in a state ?
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is The President of India.
Key Points
- President's Rule refers to the suspension of state government and the imposition of direct governance by the central government.
- The authority to revoke President's Rule lies solely with the President of India, who acts upon the advice of the Union Council of Ministers.
- The President can revoke the rule if the central government is satisfied that normalcy has been restored in the state or upon a recommendation from the Governor of the state.
- President's Rule is imposed under Article 356 of the Indian Constitution, and its revocation also requires compliance with constitutional provisions.
- Parliamentary approval is necessary for both the imposition and continuation of President's Rule, but revocation does not require parliamentary approval.
Additional Information
- Article 356 of the Indian Constitution:
- It allows the President to impose President's Rule in a state under certain circumstances like failure of constitutional machinery.
- President's Rule can initially be imposed for six months and extended up to a maximum of three years with parliamentary approval.
- Role of the Governor:
- The Governor of the state submits a report to the President recommending the imposition of President's Rule in case of governance failure.
- While the Governor can recommend revocation, the final authority lies with the President.
- Checks and Balances:
- The imposition of President's Rule is subject to judicial review to prevent misuse of power.
- Courts can examine whether the conditions for invoking Article 356 were satisfied.
- Impact of Revocation:
- Once revoked, the state government is restored, and the Governor resumes functioning as the constitutional head of the state.
- Revocation signifies that governance in the state has returned to normalcy as per constitutional norms.
Last updated on Jun 19, 2025
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