Question map
If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then
Explanation
When President's Rule is imposed under Article 356, the President can declare that the powers of the state legislature are to be exercised by the Parliament.[2] This is the direct constitutional consequence of invoking Article 356.
Option A is incorrect because the State Legislative Assembly should not be dissolved either by the Governor or the President before the proclamation issued under article 356(1) has been laid before Parliament and it has had an opportunity to consider it.[3] The assembly is typically kept in suspended animation, not automatically dissolved.
Option C is incorrect as there is no provision for suspending Article 19 (fundamental rights relating to freedoms) under President's Rule. Article 19 is suspended only during a National Emergency under Article 352, not under Article 356.
Option D is misleading because while Parliament exercises legislative powers for the state, it is Parliament that makes the laws, not the President directly. The powers of the Legislature of the State shall be exercisable by or under the authority of Parliament[4], making option B the most accurate constitutional position.
Sources- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Consequences of President's Rule > p. 179
- [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 17: Emergency Provisions > Consequences of President's Rule > p. 179
- [3] https://legalaffairs.gov.in/sites/default/files/Article%20356%20of%20the%20Constitution.pdf
- [4] https://cdnbbsr.s3waas.gov.in/s37a68443f5c80d181c42967cd71612af1/uploads/2025/03/202503192075705532.pdf
PROVENANCE & STUDY PATTERN
Guest previewThis is a 'Text of the Constitution' question disguised as a conceptual one. It demands you distinguish between the immediate constitutional effect (Legislative power shifts to Parliament) and the subsequent administrative possibilities (Parliament delegating to President). It punishes loose reading of Laxmikanth.
This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.
- Statement 1: When the President of India proclaims President's Rule under Article 356 of the Constitution, is the State Legislative Assembly automatically dissolved?
- Statement 2: When the President of India proclaims President's Rule under Article 356 of the Constitution, are the powers of the State Legislature exercisable by or under the authority of the Parliament?
- Statement 3: When the President of India proclaims President's Rule under Article 356 of the Constitution, is Article 19 of the Constitution suspended in that State?
- Statement 4: Under Article 356 of the Constitution of India, can the President make laws relating to the State when President's Rule is in force?
- Gives an example where President's Rule did not dissolve the assembly but left it in 'suspended animation'.
- Shows that proclamation can result in the assembly being kept intact rather than automatically dissolved.
- Explains a constitutional safeguard that the State Legislative Assembly should not be dissolved before Parliament considers the proclamation.
- Implies dissolution is not an automatic consequence of a proclamation and requires procedural consideration.
- Provides an example where a proclamation under Article 356 did result in the dissolution of the State Assembly.
- Indicates that dissolution can occur but is not uniquely or universally automatic on every proclamation.
This snippet lists as a discrete option the claim that 'the Assembly of the State is automatically dissolved' when Article 356 is exercised, indicating that automatic dissolution is a contested/legal question.
A student could treat this as a hypothesis to test against constitutional text/case law or other sources that distinguish suspension vs dissolution.
States that the Governor has power to recommend 'suspension or dissolution of State assembly' when recommending dismissal — implying both are possible outcomes rather than an automatic consequence.
One could use this rule to infer President's Rule may lead to either suspension or dissolution depending on recommendation and then check constitutional practice or precedents for which occurs when.
Notes that Governors have recommended President's Rule and sometimes dissolved assemblies (or failed to exhaust options), showing dissolution has been a separate discretionary action in practice.
A student might combine this with knowledge of the Governor’s role and chronology to see whether dissolution follows automatically or is a separate act by Governor/President.
Observes that 'where an assembly is dissolved, the members cease to be qualified to vote', treating 'dissolution' as a specific legal state with consequences distinct from mere imposition of rule.
Use the distinct legal consequences of 'dissolved assembly' to check whether Article 356's proclamation itself enacts those consequences or whether a separate step is required.
Explains Article 356 results in takeover by Union government and requires Parliament ratification and can be extended, suggesting a structured process rather than an instantaneous, automatic effect like dissolution.
A student could combine this process-oriented description with the Governor's powers to infer that dissolution is not necessarily automatic but part of varied outcomes under Article 356.
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