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Exercises · Q9

Q.President's rule can be imposed if government isn't run per Constitution. State whether 6 given scenarios (MLA killings, rising crime, hung assembly, opposing-party rule at centre/state, communal riots, water-dispute non-compliance) fit for President's rule imposition. Give reasons.

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Article 356 is meant only for a genuine breakdown of constitutional government in a State, not for ordinary law-and-order problems or ordinary political rivalry; judged against that standard, President's Rule is justified in only the more extreme of the six situations given.

  1. Two opposition MLAs killed by criminals, opposition demanding dismissal: No. This is a serious crime, but by itself it does not show that "the government of the State cannot be carried on" as the Constitution requires; if the government still commands a majority and is functioning, this is a matter for the police and courts, not central takeover.

  2. Rising kidnapping-for-ransom and crimes against women: No. An increase in specific categories of crime reflects a policing/governance failure for which the State government should be held accountable through the normal political and legal process; it does not by itself amount to the constitutional breakdown Article 356 requires.

  3. No party has secured a majority; MLAs may be lured with money: No, not on this basis alone. A hung Assembly is a normal democratic outcome; the proper constitutional course is to let parties attempt to form a coalition and prove their majority on the floor of the House — the chapter itself notes that courts have ruled the constitutional validity of imposing President's Rule can be examined, so merely fearing horse-trading is not the same as an actual failure of government.

  4. Different parties rule the Centre and the State and are bitter opponents: No, clearly not a fit case. The chapter is explicit that after 1967 the Centre repeatedly used Article 356, or the Governor's office, in exactly this situation — to dismiss opposition-ruled State governments or prevent them from taking office — and presents this as one of the most controversial misuses of the provision, not a legitimate ground for its use. …

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