If the President of India exercises his power as provided under Article 356 of the Constitution of a particular State, then
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- Athe Assembly of the State is automatically dissolved.
- Bthe powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
- CArticle 19 is suspended in that State.
- Dthe President can make laws relating to that State.
Show answer
Answer: (B) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
Correct Answer: (b) The powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
When President's Rule is imposed under Article 356:
- Option B is CORRECT: The powers of the state legislature are transferred to Parliament. Parliament can make laws on subjects in the State List for that state. This is the key constitutional provision.
Why the other options are wrong:
Option A: The State Assembly is NOT automatically dissolved. It is usually kept in 'suspended animation' (frozen, not dissolved). The President CAN dissolve it, but it's not automatic. The Assembly may be revived later.
Option C: Article 19 (freedoms like speech, assembly, etc.) is NOT suspended under President's Rule. Article 19 is only suspended during a National Emergency declared on grounds of war or external aggression (Article 352), not during President's Rule.
Option D: The PRESIDENT does not personally make laws for the state. It is the PARLIAMENT that exercises the state legislature's powers. The President can also make ordinances when Parliament is not in session.
REMEMBER: President's Rule (Article 356) → State Assembly suspended (NOT automatically dissolved) + Parliament takes over state's law-making power. Article 19 is NOT suspended (that happens only in National Emergency for war/external aggression).
Article 356 allows the President to impose direct central control over a state when constitutional machinery breaks down, transferring the state legislature's powers to Parliament.
The key trap is that the state assembly is suspended in animation, not automatically dissolved - it can potentially be revived later.
UPSC is testing whether students can distinguish between different types of emergencies and their specific effects on fundamental rights and legislative powers.
President's Rule (Article 356)
Indian Polity Article 356 President's Rule particular State
President's Rule (Article 356): Powers, Process & Constitutional Effects
Article 356 allows President to impose direct Central rule when state government cannot function according to Constitution
State Assembly goes into suspended animation (not automatically dissolved)
Parliament exercises state legislature's powers during President's Rule
Article 19 freedoms remain intact - only suspended during National Emergency
President's Rule under Article 356 is imposed when a state government cannot function according to the Constitution. This transfers executive and legislative powers from the state to the Centre, but does not affect fundamental rights.
Constitutional Changes During President's Rule
Aspect | Normal State | During President's Rule |
|---|---|---|
Executive Power | Chief Minister & Council | Governor (acts for President) |
Legislative Power | State Assembly | Parliament exercises state powers |
State Assembly | Active & functional | Suspended animation (can be revived) |
Fundamental Rights | Fully operative | Remain intact (Art 19 NOT suspended) |
Law-Making | Assembly makes state laws | Parliament can make laws on State List subjects |
Process of Imposing President's Rule
%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
s1["`**Governor's Report**
Governor reports that state government cannot function per Constitution`"]
s2["`**President's Proclamation**
President issues proclamation under **Article 356** based on Council of Ministers' advice`"]
s3["`**Parliamentary Approval**
Both Houses must approve within **2 months**, then every **6 months**`"]
s4["`**Maximum Duration**
Cannot exceed **3 years** total (SC judgment in *Bommai* case)`"]
s1 --> s2
s2 --> s3
s3 --> s4Key Constitutional Provisions
Parliament gains power to legislate on State List subjects for the affected state
President can make ordinances for the state when Parliament not in session
High Court jurisdiction continues unchanged during President's Rule
State's representation in Rajya Sabha remains unaffected
Trap: State Assembly is NOT automatically dissolved - it goes into suspended animation and can be revived
Trap: Article 19 freedoms are NOT suspended during President's Rule - only during National Emergency (Article 352)
Trap: President does not personally make laws - Parliament exercises the state legislature's powers
Trap: Don't confuse with National Emergency (Article 352) where fundamental rights can be suspended
Emergency Provisions Comparison
Indian Polity Article 19
Emergency Provisions: Types, Triggers & Effects on Fundamental Rights
Three types: National Emergency (Art 352), President's Rule (Art 356), Financial Emergency (Art 360)
Article 19 suspended only during National Emergency on grounds of war/external aggression
President's Rule does NOT suspend any fundamental rights including Article 19
Three Types of Emergency Provisions
Emergency Type | Article | Grounds | Effect on Fundamental Rights |
|---|---|---|---|
National Emergency | Article 352 | War, external aggression, armed rebellion | Article 19 can be suspended; Art 20-21 cannot be suspended |
President's Rule | Article 356 | Constitutional breakdown in state | No suspension of fundamental rights |
Financial Emergency | Article 360 | Financial stability/credit of India threatened | No suspension of fundamental rights |
Article 19 Freedoms (Never Suspended in President's Rule)
Freedom of speech and expression - remains fully operative during President's Rule
Freedom of assembly - peaceful assembly rights continue in the state
Freedom of movement - right to move freely throughout India unaffected
Freedom of residence - right to reside anywhere in India continues
Major Trap: Article 19 is NEVER suspended during President's Rule - only during National Emergency
Trap: Don't confuse war/external aggression (suspends Art 19) with armed rebellion (cannot suspend Art 19 post-44th Amendment)
Trap: Financial Emergency also does NOT suspend fundamental rights
Parliament's Legislative Powers in President's Rule
Indian Polity powers of the Legislature Parliament
Parliament's Enhanced Powers During President's Rule
Parliament can legislate on State List subjects for the state under President's Rule
Laws made by Parliament for the state continue even after President's Rule ends (until repealed)
President can make ordinances for the state when Parliament not in session
During President's Rule, the normal federal structure is temporarily altered. Parliament assumes the role of the state legislature and can make laws on subjects that normally fall under exclusive state jurisdiction.
Parliament's Legislative Scope
Legislative List | Normal Times | During President's Rule |
|---|---|---|
Union List | Parliament can legislate | Parliament can legislate |
State List | Only state legislature can legislate | Parliament can legislate for the affected state |
Concurrent List | Both Parliament & state can legislate | Only Parliament legislates for the state |
Residuary Powers | Parliament has residuary powers | Parliament retains residuary powers |
Key Features of Parliamentary Control
State budget must be passed by Parliament during President's Rule
Money bills for the state can only be introduced in Lok Sabha
Laws continue to operate even after President's Rule ends until state legislature repeals them
Governor acts as President's agent to give assent to Parliament's laws for the state
Trap: Parliament exercises powers, not the President personally - President acts through Parliament
Trap: Parliament can make laws on State List subjects during President's Rule - this temporarily breaks federalism