Question

UPSC Prelims 2017 Question:

Which of the following are not necessarily the consequences of the proclamation of the President’s rule in a State?

  1. Dissolution of the State Legislative Assembly 
  2. Removal of the Council of Ministers in the State 
  3. Dissolution of the local bodies.

Select the correct answer using the code given below:

  1. 1. 1 and 2 only
  2. 2. 1 and 3 only
  3. 3. 2 and 3 only
  4. 4. 1, 2 and 3

Answer (Detailed Solution Below)

Option 2: 1 and 3 only

Detailed Solution

Explanation:

Effects of Proclamation of President's Rule in a State:-

  • On Legislature: 
  • The State Legislative Assembly is either suspended or dissolved by the President. In other words, dissolution is not the necessary consequence of President's Rule, the Assembly could just remain suspended. In any case, the Assembly is incapable of making any laws for the State. This power may be exercised by the Parliament if declared so in the proclamation. After the proclamation ceases to be in force, such laws made by Parliament remain in force until amended or repealed by the Assembly of the State. So, point 1 is not correct.
  • When the Legislative Assembly of the State is suspended during President's Rule, it is often reported as under "Suspended Animation". It is called so because the Assembly is in existence and all MLA's retain their membership. However, they do not function to legislate. Once the Assembly is dissolved, the membership is dissolved too and the State will go for fresh election soon.
  • On Executive: 
    • The State Executive (Council of Ministers headed by the Chief Minister) is dismissed. Executive powers of the State are exercised by the Union. So, point 2 is correct.
  • Effect on Fundamental Rights and Centre-State Financial Relations: 
  • There is no effect on either the financial relations between the Centre and the States or on the Fundamental Rights of the people of the State.
  • Effect on Local Bodies: 
    • There is no effect on the tenure of local bodies. So, point 3 is not correct.

Therefore, option (2) is the answer.

Subject: Polity | Federalism

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