Q. According to the Supreme court of India, the imposition of President’s rule in a state would be proper in which of the following situations?
1. In the case of hung assembly where no party secures a majority.
2. When governor presents report to the President about maladministration in the state.
3. When the government of a state is deliberately acting against the Constitution of India.
4. When the constitutional direction of the central government to the state is disregarded by the state.
Select the correct answer using the code below:
Exp) Option d is the correct answer.
The Supreme Court in Bommai case (1994) enlisted the situations where the exercise of power under Article 356 could be proper or improper.
Statement 1, 3 and 4 are correct: As per Supreme Court directives in case of hung assembly, when no party or coalition has majority or despite having majority are not able to form the government, then it will be proper to recommend for imposition of President’s rule in that state. Wilful disobedience of constitution or law and when state government disregards constitutional direction from centre, also signifies conditions that can lead to imposition of President’s rule.
Statement 2 is incorrect: The maladministration in a state cannot be stated as a proper ground of imposition of President’s rule in a state. Rather article 356 of the Constitution suggests the condition of failure of the constitutional machinery in the states as the ground for imposition of President’s rule
| Important Tips Based on the report of the Sarkaria Commission on Centre-state Relations (1988), the Supreme Court in Bommai case (1994) enlisted the situations where the exercise of power under Article 356 could be proper or improper. |
