Under which Article of the Indian Constitution may the President of India proclaim President’s Rule when Constitutional machinery…

Question

Under which Article of the Indian Constitution may the President of India proclaim President’s Rule when Constitutional machinery fails in a state?

1. A. Article 350
2. B. Article 249
3. C. Article 356 (Correct answer)
4. D. Article 355

Correct Answer

Option C — Article 356

Detailed Solution & Explanation

The correct answer is Article 356.

Key Points

• Article 356 empowers the President to proclaim President's Rule in a state where the constitutional machinery has failed, on the Governor's report or otherwise.
• The neighbouring articles are close enough in subject to be genuine distractors:
  • Article 355 places a duty on the Union to protect states against external aggression and internal disturbance — the obligation, not the remedy.
  • Article 249 lets Parliament legislate on a State List subject in the national interest by Rajya Sabha resolution.
  • Article 350 concerns representations for redress of grievances in any language used in the Union or a state.

Additional Information

• President's Rule requires parliamentary approval within two months, and once approved runs for six months, extendable up to a maximum of three years subject to conditions.
• Dr B. R. Ambedkar called Article 356 a "dead letter" that would be used only as a last resort — a hope that proved badly misplaced, given its repeated use for political ends.
• The S. R. Bommai judgment (1994) transformed its operation: the Supreme Court held the proclamation justiciable, ruled that a government's majority must be tested on the floor of the House, and barred dissolution of the assembly before parliamentary approval.
• Article 356 is the State Emergency; distinguish it from Article 352 (National Emergency) and Article 360 (Financial Emergency).