State Emergency(Presidents Rule) Article 355 of the Constitution lays a duty on the Union to ensure that government of every state is carried on constitutionally If the President is satisified on reciept of a report from the Governor or otherwise that the Constitutional machinery of a state has braken down ,he can make a proclamation to this effect in accordance with provisions of Article 356. In this case,known as the imposition of Presidents rule ,the President can assume any or all of the functions of the state executive while the powers of the State Legislature can be exercised by Parliament. Parliament also has the right to delegate the power to make law for the state to the President or any authority designated by it. A proclamation under Article 356 has to be approved by Parliament within two months and can be extended by it for a period of six months at a time of subject to a maximum duration of three years. But the duration is to be extended beyond one year ,only if Proclamation of Emergency is in operation or The Election Commission certifies that there are difficulties in holding general elections to the legislative Assembly of the concerned state Effect of emergency under article 356 All Function of the State Govt excepting that of the State High Court are assumed by the Presidet.It is popularly known as Presidents rule All powers of the State Legislature are exercised by the Union Parliament The Parliament may also delegate these powers to the President
Posted on: Mon, 10 Nov 2014 02:14:46 +0000