Q1. Who has the right to recommend President's Rule in a state?
- (a) Chief Minister
- (b) Governor
- (c) Prime Minister
- (d) Supreme Court
Answer & solution
Answer: (b) Governor
Under Article 356 of the Constitution of India, the Governor of a state has the right to recommend President's Rule (State Emergency) to the President. When the Governor reports to the President that the government of the state cannot be carried on in accordance with the provisions of the Constitution, the President may issue a Proclamation of Emergency under Article 356. The Governor's report is the trigger for imposing President's Rule (also called Governor's Rule or Constitutional Emergency). However, the President acts on the advice of the Union Cabinet. The 44th Constitutional Amendment (1978) added a safeguard that the President can impose President's Rule only on the basis of a written report from the Governor. The 38th Amendment (1975) made the President's satisfaction final and non-justiciable, but this was reversed by the 44th Amendment.
Option (a) Chief Minister — Incorrect: The Chief Minister heads the state government and would have no reason to recommend President's Rule against their own government; the recommendation comes from the Governor.
Option (c) Prime Minister — Incorrect: While the Union Cabinet (headed by the PM) advises the President on imposing President's Rule, it is the Governor's report under Article 356 that recommends and triggers this action at the state level.
Option (d) Supreme Court — Incorrect: The Supreme Court is the apex judicial body; it does not have the constitutional role of recommending President's Rule in a state — this is the constitutional function of the Governor.