Q. With respect to president’s rule, consider the following statement:
1. The Parliament can delegate the power to make laws for the state
2. a law made by the Parliament or president or any other specified authority continues to be operative even after the President’s Rule..
Which of the above given statement is/are correct?
When the state legislature is thus suspended or dissolved:
- The Parliament can delegate the power to make laws for the state to the President or to any other authority specified by him in this regard,
- The Parliament or in case of delegation, the President or any other specified authority can make laws conferring powers and imposing duties on the Centre or its officers and authorities,
- The President can authorise, when the Lok Sabha is not in session, expenditure from the state consolidated fund pending its sanction by the Parliament, and
- The President can promulgate, when the Parliament is not in session, ordinances for the governance of the state.
A law made by the Parliament or president or any other specified authority continues to be operative even after the President’s Rule. This means that the period for which such a law remains in force is not co-terminous with the duration of the proclamation. But it can be repealed or altered or re-enacted by the state legislature.
It should be noted here that the President cannot assume to himself the powers vested in the concerned state high court or suspend the provisions of the Constitution relating to it. In other words, the constitutional position, status, powers and functions of the concerned state high court remain same even during the President’s Rule.
Source: Indian Polity by Laxmikanth
