With reference to the proclamation of President’s Rule under Article 356 of the Constitution of India, consider the following statements: 1. A proclamation of President’s Rule must be approved by both Houses of Parliament within two months of its issuance. 2. If the Lok Sabha is dissolved without approving the proclamation, it cannot be approved later even if the Rajya Sabha approves it. 3. The President’s Rule can be extended beyond one year only if there is a National Emergency in operation and the Election Commission certifies that elections cannot be held. 4. The continuation of President’s Rule requires approval by a two-thirds majority in both Houses of Parliament every six months. Which of the statements given above are correct? |ForumIAS

[A] 1 and 3 only

[B] 2 and 4 only

[C] 1, 3 and 4 only

[D] 1, 2 and 3 only

Answer: A

Notes:

Explanation:

As per the Constitution (Article 356), when the President issues a proclamation imposing President’s Rule in a state, it must be approved by both the Lok Sabha and the Rajya Sabha within two months from the date of its issue.
If not approved within this time, the proclamation ceases to operate.
If Lok Sabha is dissolved during the two-month window without approving the proclamation, then the Rajya Sabha can still approve it, and the proclamation continues to be valid until 30 days from the first sitting of the newly reconstituted Lok Sabha.
This provision ensures continuity in situations where the Lok Sabha is not in existence.
The 44th Constitutional Amendment Act, 1978, introduced safeguards for extending President’s Rule beyond one year.
It can be extended beyond one year (up to a maximum of three years) in 6-month intervals only if:

A National Emergency is in operation in the whole of India or in the whole or part of the concerned state.
The Election Commission certifies that elections to the state assembly cannot be held due to difficulties.

There is no requirement for a two-thirds majority.

Each resolution to approve or extend President’s Rule requires only a simple majority, i.e., a majority of members present and voting in both Houses of Parliament.

Source: Laxmikant

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