President’s rule can be imposed in a State if the government is not being run according to the provisions of the Constitution. State whether any of the following conditions are a it case for imposition of President’s rule in the State. Give reasons.
A. two members of the State legislative assembly belonging to the main opposition party have been killed by criminals and the opposition is demanding dismissal of the State government.
B. Kidnapping of young children for ransom is on rise. The number of crimes against women are increasing.
C. No political party has secured majority in the recent elections of the State Legislative Assembly. It is feared that some MLAs from the other parties may be lured to support a political party in return for money.
D. Different political parties are ruling in the State and at the centre and they are bitter opponents of each other.
E. More than 2000 people have been killed in the communal riots.
F. In the water dispute between the two States, one State government refused to follow the decision of the Supreme Court.
Article 356 states that President rule can be imposed in any state on grounds of failure of Constitutional Machinery, and failure is of two types:-
1. If President on receipt of report by Governor of a State or otherwise is satisfied that a situation has arisen in which govt of that state can’t be carried in accordance with provisions of the Constitution then President Rule can be imposed.
2. If any state fails to comply with directions of union then President Rule can be imposed
A. No, President rule cannot be imposed.
The murder of two members of opposition party is not the basis of removal of state government as it concerns law and order of the state. None of the above mentioned criteria fits into the issue arise.
B. No.
The case again belongs to the law and order of state and does not break any constitutional machinery. Hence President rule cannot be imposed.
C. No.
The largest political party would have to prove majority on floor test of legislative assembly, prior to this President rule cannot be imposed.
D. No.
The hasteness among the centre and state party is not the criteria of imposition of president rule.
E. Yes, President rule would be imposed.
If the state government is unable in settling the communal riots and is the reason for disturbance in state then President rule would be imposed.
F. Yes, President rule would be imposed.
Since the state does not comply with the orders of Supreme Court and break the constitutional machinery.