Previous Year Question
Which of the following are not necessarily the consequences of the proclamation of the President’s Rule in a State?
Dissolution of the State Legislative Assembly
Removal of the Council of Ministers in the State
Dissolution of the local bodies
Select the correct answer using the code given below.
1 and 2
1 and 3
2 and 3
1, 2 and 3
Correct Answer: B
Detailed Solution
1. Dissolution of the State Legislative Assembly — not a necessary consequence.
When President’s Rule is imposed under Article 356, immediate or automatic dissolution of the State Legislative Assembly is not necessary.
The Legislative Assembly may be:
Kept in suspended animation; or
Dissolved subsequently according to the circumstances and the required constitutional process.
Therefore, the proclamation of President’s Rule and the dissolution of the Legislative Assembly are distinct constitutional consequences. The Assembly is not automatically dissolved merely because a proclamation has been issued.
2. Removal of the State Council of Ministers — a necessary consequence of President’s Rule.
Upon the imposition of President’s Rule, the President assumes all or any functions of the State Government and the powers vested in the Governor or other executive authorities of the State.
Consequently, the State Council of Ministers headed by the Chief Minister does not continue in office, and the administration of the State is carried on by the Governor on behalf of the President. During this period, the Governor functions according to the directions of the Union executive.
Therefore, Statement 2 does not fall within the category of consequences that are not necessary.
3. Dissolution of local bodies — not a necessary consequence.
Municipalities and Panchayats are separate constitutional institutions governed respectively by Part IX-A and Part IX of the Constitution.
A proclamation under Article 356 does not automatically dissolve Panchayats or Municipalities.
Their tenure, dissolution and elections are governed by the relevant constitutional provisions and State Panchayati Raj and municipal laws.
Therefore, constitutional changes concerning the State Legislative Assembly or the Council of Ministers do not automatically terminate local bodies.
Principal effects under Article 356:
The President may assume all or any functions of the State Government.
The powers of the State Legislature may become exercisable by or under the authority of Parliament.
Incidental and consequential provisions may be made to give effect to the proclamation.
The President cannot assume the powers of a High Court or suspend constitutional provisions relating to High Courts.
Therefore, the dissolution of the Legislative Assembly and the dissolution of local bodies are not necessary consequences of President’s Rule. The correct answer is 1 and 3.