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Which of the following are not necessarily the consequences of the proclamation of the President's rule in a State ? 1. Dissolution of the State Legislative Assembly 2. Removal of the Council of Ministers in the State 3. Dissolution of the local bodies Select the correct answer using the code given below :
Explanation
The correct answer is option B (1 and 3 only).
Under a Proclamation in case of failure of the constitutional machinery, the State Legislature would be suspended and the executive authority of the state would be assumed by the President in whole or in part.[1] However, the power to dissolve a Legislative Assembly can be exercised only after both Houses of Parliament approve the proclamation[2], making dissolution not an automatic consequence.
Regarding the Council of Ministers, the state governor, on behalf of the President, carries on the state administration with the help of the chief secretary of the state or the advisors appointed by the President[3], which implies the removal of the existing Council of Ministers is a necessary consequence of President's rule.
The dissolution of local bodies is not a necessary consequence of President's rule under Article 356, as this provision deals with the failure of state constitutional machinery and does not automatically extend to local government institutions. Therefore, items 1 (dissolution of State Legislative Assembly) and 3 (dissolution of local bodies) are NOT necessarily consequences, while item 2 (removal of Council of Ministers) IS a necessary consequence.
Sources- [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 28: EMERGENCY PROVISIONS > p. 417
- [2] https://legalaffairs.gov.in/sites/default/files/Article%20356%20of%20the%20Constitution.pdf
- [3] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Consequences of President's Rule > p. 179
PROVENANCE & STUDY PATTERN
Guest previewThis is a classic 'Concept Clarity' question testing the nuance between 'Suspension' vs 'Dissolution'. It rewards reading the fine print in Laxmikanth regarding the S.R. Bommai case guidelines. The key is distinguishing between the *automatic* effects (Dismissal of CoM) and the *conditional* effects (Dissolution of Assembly).
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: Under Article 356 of the Indian Constitution, does proclamation of President's rule in a State necessarily cause dissolution of the State Legislative Assembly?
- Statement 2: Under Article 356 of the Indian Constitution, does proclamation of President's rule in a State necessarily result in removal or dissolution of the State Council of Ministers?
- Statement 3: Under Article 356 of the Indian Constitution, does proclamation of President's rule in a State necessarily lead to dissolution of local bodies (municipalities and panchayats)?
- Explicitly states that under a proclamation for failure of constitutional machinery the State Legislature would be suspended — highlighting 'suspended' as the outcome.
- Distinguishes this proclamation from other emergencies, implying suspension (not automatic dissolution) is the usual effect.
- Presents the consequences phrase 'when the state legislature is thus suspended or dissolved', indicating both outcomes are possible under President's Rule.
- Treats suspension and dissolution as alternative consequences, so dissolution is not necessary in every case.
- States the Governor can recommend 'suspension or dissolution of State assembly', explicitly listing both options.
- Shows proclamation leads to takeover but that the assembly may be suspended rather than automatically dissolved.
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