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Uttarakhand HC sets aside President’s Rule “The Court has upheld the disqualification of rebel Cong. MLAs”

The Uttarakhand High Court on Thursday quashed the Union government’s order imposing President’s Rule on the State on March 27, holding that the situation must be viewed “on a larger canvas of democracy, federalism and the rule of law.” Deciding that the Congress shall return to power, a Division Bench ordered a floor test of Harish Rawat’s claim of majority in the Assembly on April 29. The decision is a setback to the Modi government, which had approached the President to prove that there was a breakdown of the constitutional machinery.

what is president rule ?

the phrase “President’s rule” refers to the imposition of Article 356 of the Constitution of India on a State whose constitutional machinery has failed. In the event that a State government is not able to function as per the Constitution, the State comes under the direct control of the central government; in other words, it is “under President’s rule”. Subsequently, executive authority is exercised through the centrally appointed Governor, who has the authority to appoint retired civil servants or other administrators, to assist him.

Imposition

In practice president’s rule has been imposed under different circumstances such as these:

  • State Legislature is unable to elect a leader as Chief Minister
  • Breakdown of a coalition
  • Loss of majority in the assembly
  • Elections postponed for unavoidable reasons

If approved by both houses, President’s Rule can continue for 6months. It can be extended for maximum 3 years with approval of Parliament in every 6 months. If Loksabha is dissolved during this time, rule is valid for 30days from the first sitting of Loksabha provided that contiuance has already been approved by Rajyasabha. The 44th Amendment Act of 1978, introduced a new provision to put a restraint on the power of the Parliament to extend President’s rule in a state. According to this provision, President’s rule can only be extended over a year in every 6 months under following conditions:

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Amit Singh

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