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Question

Which of the following statements is true in relation to the enforcement of President's Rule?

This question was previously asked in
SSC Stenographer 2025 Question Paper (06-Aug-2025) Shift 2
The correct answer is
The Governor's recommendation can lead to dismissal of a State government, even if it enjoys a majority.

This question asks to identify the correct statement regarding the enforcement of President's Rule in India, which is primarily governed by Article 356 of the Constitution.

Analyzing the Options for President's Rule Enforcement

Let's examine each statement to determine its accuracy:

Option 1: Governor's Recommendation and Dismissal

This statement suggests that a Governor's recommendation can lead to the dismissal of a State government, even if that government technically holds a majority. In practice, the Governor acts as the eyes and ears of the President in the state. If the Governor reports to the President that the state government cannot be carried on in accordance with the Constitution (as per Article 356(1)), it serves as a primary basis for the President to impose President's Rule. Such a report can be based on grounds like a breakdown of law and order, corruption, or the government's inability to function effectively, potentially even if it enjoys a numerical majority on paper but is unstable or unable to command confidence in the legislature's functioning. While the Supreme Court, notably in the S.R. Bommai case, has laid down stringent guidelines and subjected the imposition of President's Rule to judicial review, the Governor's report remains a significant trigger mechanism. Therefore, this statement reflects a possible scenario within the constitutional framework, even with its inherent complexities and judicial checks.

Option 2: Extension of President's Rule

This statement claims President's Rule can be extended indefinitely with the Prime Minister's consent. This is incorrect. Article 356(4) stipulates that President's Rule, initially proclaimed for up to two months, can be extended by a resolution passed by both Houses of Parliament. Each extension is typically for a period of six months, and the maximum duration is generally limited to three years. It cannot be extended indefinitely, nor is the Prime Minister's consent the sole determining factor; parliamentary approval is mandatory.

Option 3: Supreme Court's Role in Imposition

This statement asserts that the President cannot impose President's Rule without Supreme Court permission. This is factually wrong. The President acts based on the Governor's report or their own satisfaction that a constitutional breakdown has occurred. The Supreme Court's role is primarily one of judicial review *after* the rule has been imposed, to check if the imposition was mala fide or based on extraneous considerations. The Court does not grant prior permission for its imposition.

Option 4: President's Rule Without Parliamentary Approval

This statement suggests that President's Rule can be declared without Parliament's approval. This is also incorrect. While the President can *initially* proclaim President's Rule, Article 356(3) mandates that such a proclamation must be laid before both Houses of Parliament. For the rule to continue beyond two months, it requires specific approval through a resolution passed by both Lok Sabha and Rajya Sabha. Therefore, parliamentary approval is essential for its validity and continuation.

Conclusion on President's Rule Enforcement

Based on the analysis, the statement that accurately reflects a potential aspect of President's Rule enforcement is the role of the Governor's recommendation, even in scenarios where the majority status of the state government might be complex or challenged in practice.

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