Question

The President’s rule is imposed for the period of ______________.
(A) 3 months
(B) 6 months
(C) Till the next election is held
(D) It depends upon the President’s wish

Answer 1

Hint: Article 356 imposes a duty on the Centre to ensure that the government of every state is carried on in accordance with the provisions of the Constitution. It is this duty that lets the Centre take over the government of a state under article 356 in case of failure of constitutional machinery in the state. This is popularly known as ‘President’s Rule’, also known as ‘Constitutional Emergency’ or ‘State Emergency’.

Complete answer:
Under Article 356, the President’s Rule can be proclaimed on two grounds. The first ground on which President’s rule can be proclaimed is under Article 356 when the President is satisfied that a situation has arisen in which the government of a state is not capable of being carried on according to the provisions of the Constitution. The President can act without a report of the governor of the state or otherwise too. The second ground on which emergency can be declared is under Article 365 whenever a state fails to comply with or to give effect to any direction from the Centre, this can be interpreted by the President as a situation in which the concerned state’s government can no longer be carried on according to the provisions of the Constitution.
From the date of the issue of the President’s Rule, both the Houses of Parliament should approve the proclamation within two months from the date of its issue. However, the proclamation survives only 30 days from the first sitting of the Lok Sabha after its reconstitution, if the proclamation of President’s Rule was issued at a time when the Lok Sabha had been dissolved without approving the proclamation, provided the Rajya Sabha approves it in the meantime. On the other hand, if approved by both the Houses of Parliament, the President’s Rule continues for six months. It can be extended for a maximum period of three years with the approval of the Parliament every six months.

Thus, option (B) is correct.

Note: A new provision to put a restraint on the power of Parliament was introduced by the 44th Amendment Act of 1978, to extend a proclamation of President’s Rule beyond one year by extending it six months at a time when two conditions are met.