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
Full viewThis 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.
- Explicitly states the President can declare that powers of the state legislature shall be exercised by or under the authority of Parliament.
- Placed under the President's emergency/Article 356 powers context, directly addressing legislative authority transfer.
- Lists consequences of President's Rule, including the power to declare that state legislature powers are to be exercised by Parliament.
- Connects this legislative transfer to other consequences (assumption of state functions), confirming applicability during President's Rule.
- Reiterates that under President's Rule the President/Union can declare the state legislature's powers be exercised by Parliament.
- Serves as a corroborating source repeating the same specific constitutional consequence.
Snippet lists as a multiple-choice option that 'Article 19 is suspended in that State' when Article 356 is invoked, implying this is a contested/askable proposition rather than an established consequence.
A student could treat this as a prompt to compare Article 356 consequences with known provisions on suspension of fundamental rights to see if suspension is actually listed among Article 356 effects.
Describes Article 356 as takeover of State government by Union, requiring parliamentary ratification and potentially suspension or dissolution of the State assembly — focusing on executive/legislative takeover rather than explicit suspension of fundamental rights.
One could extend this by checking whether takeover of state machinery normally entails suspension of citizens' fundamental rights or only changes in governance, using a textbook/world-knowledge distinction between governance measures and rights suspension.
States that the constitutional position, status, powers and functions of the concerned State High Court remain the same during President's Rule, suggesting judicial safeguards continue to operate.
A student could infer that if courts continue to function normally, a blanket suspension of fundamental rights (which are enforceable in courts) is unlikely, and verify by looking up which emergencies suspend rights.
Provides a direct comparison between National Emergency (Article 352) and Presidential Rule (Article 356) in terms of grounds and consequences, indicating they are distinct constitutional measures.
A student could use the distinction to check which constitutional provisions suspend rights (often associated with national emergencies) and test whether Article 356 is among those provisions.
Explains Article 356 empowers the President to issue a proclamation when state government cannot be carried on per the Constitution — frames Article 356 as corrective/administrative, not expressly rights-suspending.
A student could extend this by asking whether administrative corrective powers ordinarily include suspension of fundamental rights, and then verify which constitutional articles expressly deal with suspension of rights.
- Describes that when President's Rule is proclaimed the powers of the State Legislature are exercisable by or under the authority of Parliament — indicating central law-making effect during the proclamation.
- Explicitly refers to making "incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation," linking the President/centre to making provisions while President's Rule is in force.
- Gives a concrete historical example where, after a Proclamation under Article 356 brought a State under President's Rule, the President promulgated an Ordinance relating to that State.
- Shows the President exercised law-making function (promulgating an Ordinance) while President's Rule was in force.
The test-item lists consequences of Article 356 including that 'the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament' and separately lists 'the President can make laws relating to that State' as an option.
A student could take this hint and check constitutional provisions on Parliament's legislative competence during President's Rule (and whether laws are made by Parliament or by the President under delegated powers).
Explains that under Article 356 the Centre 'takes over the government of the state' when constitutional machinery fails, framing the shift of authority to the Union.
One could combine this with the knowledge that law-making authority normally rests with state legislatures to ask which Union bodies act as legislature during takeover.
States that President's Rule results in 'the takeover of the State government by the Union government' and notes the proclamation must be ratified by Parliament.
Use this to probe whether Parliament's ratification implies Parliament assumes legislative functions for the state while President's Rule subsists.
Contrasts President's Rule with National Emergency and notes consequences, implying different distribution of powers (mentions grounds and consequences of President's Rule).
A student could use this comparison to look up which specific legislative mechanisms apply under Article 356 versus Article 352.
Reiterates that President's Rule is proclaimed when a state government cannot be run per the Constitution, reinforcing that central authority replaces state functions during the rule.
Combine this with knowledge of the legislative lists to investigate whether the central replacement includes the power to legislate on state subjects and by whom (President/Parliament).
- [THE VERDICT]: Sitter. Direct lift from Article 356(1)(b) and Laxmikanth Chapter 16 (Emergency Provisions).
- [THE CONCEPTUAL TRIGGER]: Emergency Provisions (Part XVIII) specifically the distinction between Article 352 (National Emergency) and Article 356 (President's Rule).
- [THE HORIZONTAL EXPANSION]: Memorize the 'Effect Matrix': 1) Art 352 affects FRs (Art 358/359), Art 356 does NOT. 2) Under 356, Executive -> President, Legislature -> Parliament. 3) S.R. Bommai Case: Assembly is only 'suspended' until Parliament ratifies; 'dissolution' is NOT automatic. 4) Art 357: Parliament can delegate law-making to the President.
- [THE STRATEGIC METACOGNITION]: When studying Emergencies, create a 3-column table (National vs State vs Financial). Compare: Grounds, Approval Time, Majority Required, Effect on FRs, and Effect on State Legislature. UPSC swaps these columns to create options.
References state that President's Rule can lead to takeover and that the Governor can recommend 'suspension or dissolution' of the State Assembly, implying two distinct outcomes.
High-yield for UPSC: candidates must distinguish suspension (assembly exists but functions are under Union/President) from dissolution (assembly ceases and fresh elections may be required). This concept appears in questions on Centre–State relations, constitutional emergencies, and judicial review of Article 356.
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 7: FEDERALISM > Role of Governors and President's Rule > p. 166
Evidence highlights the Governor's power to recommend President's Rule and notes instances where Governors acted differently on requests to dissolve assemblies.
Important because many factual and analytical questions probe the Governor's discretionary actions and misuse of Article 356. Mastering this helps answer questions on constitutional conventions, checks and balances, and case studies of misuse.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 30: Governor > ISSUES IN THE GOVERNOR'S FUNCTIONING > p. 323
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 30: Governor > ISSUES IN THE GOVERNOR'S FUNCTIONING > p. 323
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 7: FEDERALISM > Role of Governors and President's Rule > p. 166
References mention that a President's proclamation must be ratified by Parliament and that President's Rule can be extended up to three years.
Useful for questions on procedure and limits of emergency provisions. Knowing ratification and time-limits is essential for evaluating constitutional validity and connect questions on safeguards and landmark judgments.
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 7: FEDERALISM > Role of Governors and President's Rule > p. 166
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Use of Article 356 > p. 181
Multiple references explicitly state that during President's Rule the President can declare that state legislature powers be exercised by or under Parliament.
High-yield for constitutional law and polity questions: explains a core consequence of President's Rule and distinguishes legislative from executive takeovers. Important for questions on Centre–State relations, federalism and emergency provisions; learning the specific transfer enables direct answers in MCQs and mains/ethics scenarios.
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 18: President > Emergency Powers > p. 191
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Consequences of President's Rule > p. 179
Sources list that the President can take up state executive functions and dismiss the state council of ministers when President's Rule is imposed.
Essential for understanding the broader impact of Article 356 beyond legislative powers — useful in essays and polity mains questions about federal balance, judicial review and misuse of Article 356. Connects to topics on governors' roles and checks on central power.
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Consequences of President's Rule > p. 179
- Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 17: Emergency Provisions > Consequences of President's Rule > p. 179
One reference notes the President's proclamation must be ratified by Parliament and mentions extension limits (up to three years).
Crucial for answering procedural and temporal aspects of President's Rule in both objective and descriptive questions. Links to constitutional safeguards and amendment/exception clauses; helps tackle questions on legality, checks and balances, and historical misuse of Article 356.
- Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 7: FEDERALISM > Role of Governors and President's Rule > p. 166
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Use of Article 356 > p. 181
Several references describe when Article 356 may be invoked — i.e., failure of constitutional machinery and Centre's duty under Article 355.
High-yield for UPSC: questions often ask conditions and legal basis for President's Rule. Mastering this ties into federalism, Centre-State relations, and contrasts with other emergency provisions. Learn by mapping Article numbers to their functions and practice framing differences (Article 355 vs 356).
- Indian Polity, M. Laxmikanth(7th ed.) > Chapter 17: Emergency Provisions > Grounds of Imposition > p. 178
The 'Life of the Law' (Article 357(2)): Laws made by Parliament (or President) for a state during President's Rule do NOT cease to operate automatically when the rule ends. They remain in force until the re-constituted State Legislature changes them. This is a high-probability future trap.
The 'Extreme vs. Procedural' Hack: Option A uses 'automatically'—in Constitutional law, dissolution usually requires a specific procedural step (Parliamentary approval per Bommai case), so eliminate 'automatic'. Option C involves Fundamental Rights—remember FRs are bulletproof against internal administrative failure (Art 356), they only crack under War/External Aggression (Art 352). This leaves B and D. B is the 'Parent Power' (Parliament), D is the 'Child Power' (Delegated). Always bet on the Parent.
Mains GS-2 (Federalism): Use this to argue about 'Unitary Bias' in the Constitution. While Art 356 is a 'Dead Letter' (Ambedkar's hope), its frequent use shows the Centre's legislative supremacy. Cite the S.R. Bommai judgment regarding the 'conditional' nature of dissolution to substantiate answers on Governor's discretionary powers.