Q. In order to extend the President’s rule in a state beyond the period of one year, which of the following conditions must be satisfied?
1. A Proclamation of National Emergency is in operation in the whole or any part of the state.
2. The Election Commission certifies that elections cannot be conducted in the state on account of difficulties.
3. The state has been declared as a disturbed area by the Central Government.
Select the correct answer from the code given below
Exp) Option c is the correct answer
The 44th Amendment Act of 1978 introduced a new provision to put restraint on the power of Parliament to extend a proclamation of President’s Rule beyond one year. Thus, it provided that, beyond one year, the President’s Rule can be extended by six months at a time only when the following two conditions are fulfilled:
Statement 1 is correct: a proclamation of National Emergency should be in operation in the whole of India, or in the whole or any part of the state; and
Statement 2 is correct: The Election Commission must certify that the general elections to the legislative assembly of the concerned state cannot be held on account of difficulties.
Statement 3 is incorrect: 44th amendment act of 1978 provides only two conditions for extension of president’s rule beyond one year of which declaring state as a disturbed area (Done under Armed Force Special Power Act 1958) by the central Government is not a valid condition.
