Here's a summary of the provided text, focusing on the key concepts and details
about the President of India and the electoral process:
Central Government (Union Government) and the President
Central Executive Branch: The President is part of the central executive branch of
the Indian government. This branch is covered by Articles 52 to 78 of the Indian
Constitution.
Members of Central Executive:
President
Vice President
Prime Minister
Council of Ministers
Attorney General of India
parliamentary form of Government.
Parliamentary Form of Government
India follows a parliamentary form of government.
Two Types of Heads:
Constitutional Head (Nominal Head): The President. Referred to as De Jure sovereign,
nominal head, or titular head.
Government Head (Real Head): The Prime Minister. Referred to as De Facto sovereign.
*Power of the President is exercised by the prime minister.
*Presidential form of the government: USA.
Key Articles Related to the President
Article 52: States that there shall be a President of India. The President is the
First Citizen of India.
Article 53: The President is the executive head of India.
Article 53(1): All executive actions of the Indian government are taken in the
President's name. The President can exercise these powers directly or through
subordinate officers.
Article 53(2): The President is the Supreme Commander of the Armed Forces (Army,
Navy, Air Force).
Article 53(3)(a): Powers held by states or other authorities are not to be
considered as powers of the President.
Article 53(3)(b): Parliament can, by law, transfer any power of the President to
another authority.
Election of the President (Article 54)
The President is elected by an Electoral College.
Members of the Electoral College:
Elected members of the Lok Sabha (Lower House of Parliament). 543.
Elected members of the Rajya Sabha (Upper House of Parliament).233.
Elected members of the State Legislative Assemblies (Vidhan Sabhas). 4120 (including
Jammu and Kashmir).
Total Members: 4896
70th Constitutional Amendment (1992): Gave voting rights in the Electoral College to
elected members of the Legislative Assemblies of Delhi and Puducherry.
Presidential Election Process (Article 55)
The President is elected by the Electoral College using the system of proportional
representation by means of the single transferable vote.
Alternative Names for the System:
Thomas Hare System
Andrae System
Origin: This system was adopted from Ireland.
*Administration is to be in President name from USA.
*President nominal head is from Britain.
Four Key Aspects of Proportional Representation:
Priority Vote (Preference Vote): Voters rank candidates in order of preference (1st,
2nd, 3rd, etc.).
Quota System: A candidate needs to secure a specific quota of votes to win.
Removal of Candidates: Candidates with the fewest votes are eliminated.
Vote Transfer: The votes of eliminated candidates are transferred to the remaining
candidates based on the next preference indicated.
Calculating the Quota
Formula: (Total Valid Votes Polled + 1) / (Number of Candidates to be Elected + 1)
Example:
Total valid votes polled: 1000
Number of candidates to be elected: 1 (President)
Quota: (1000 + 1) / (1 + 1) = 500.5, rounded up to 501.
*To win an election a candidate should secure 50% + votes.
Value of an MLA's Vote
Formula: (Total Population of the State) / (Number of Elected MLAs in the State) *
(1/1000)
Population Basis: 1971 Census data is used.
Example (Andhra Pradesh):
Population (1971): 27,800,586
Elected MLAs: 175
Value of one MLA's vote: (27,800,586 / 175) * (1/1000) = 159
Example (Telangana):
Population (1971):15,702,122.
Elected MLA's: 119
Value of one MLA's Vote: (15,702,122/119) * (1/1000) = 132.
*States with high MLA's Value: 1. UP 2. Tamil Nadu 3. Maharastra.
*States with low MLA's Value: 1.Sikkim 2. Arunachal Pradesh 3. Nagaland.
Value of an MP's Vote
Formula: (Total Value of Votes of All MLAs of All States) / (Total Number of Elected
MPs)
Calculation: The total value of all MLAs' votes (calculated as shown above for each
state) is divided by the total number of elected MPs (Lok Sabha + Rajya Sabha).
Example:
Total value of all MLAs' votes (hypothetical): 549,495
Total elected MPs: 776 (543 Lok Sabha + 233 Rajya Sabha)
Value of one MP's vote: 549,495 / 776 ≈ 708
*Total MP's Vote value : 5,49,408.
Principle of Parity
The total value of MP's votes is approximately equal to the total value of MLA's
votes in the Presidential election. This demonstrates equal importance given to the
Center and the States.
Principle of Uniformity
The value of an MLA's vote varies from state to state, depending on the population
of the state. The value of an MLA's vote is not the same across all states.
Example of the Election Process (Hypothetical)
Four candidates: A, B, C, and D.
Total valid votes polled: 1000. Quota needed to win: 501.
Round 1 (First Preference Votes):
A: 200
B: 201
C: 250
D: 349
No one reaches the quota.
Elimination: Candidate A (lowest votes) is eliminated.
Transfer of Votes: A's 200 second-preference votes are distributed among B, C, and
D.
Round 2: Votes are recounted. Still, no one reaches the quota.
Elimination: Candidate B (now the lowest) is eliminated.
Transfer of Votes: B's third preference votes (since A's second preference votes
have already been counted) are distributed.
Final Count: Candidate D finally reaches the quota (539 votes) and is declared the
winner.
Example from History (1969 Election)
Candidates: V.V. Giri, Neelam Sanjiva Reddy, C.D. Deshmukh.
No candidate reached the quota in the first count.
C.D. Deshmukh was eliminated.
V.V. Giri won after the second preference votes of C.D. Deshmukh were transferred.
He is the only candidate who is elected by second preferential votes.
Election Commission of India
Conducts president elections.
Okay, here's a detailed summary of the content in "2president.txt" and
"2president2.txt", covering the term, resignation, re-election, qualifications,
salary, oath, and impeachment of the President of India:
File 2president.txt
Term of Office and Resignation (Article 56)
Term: The President's term is five years, starting from the date they assume office.
Interregnum: Even if the President's five-year term is over, they can continue in
office until a new President is elected. This is called "Interregnum." This
addresses situations where the election of a new President might be delayed.
Resignation:
The President submits their resignation to the Vice President.
If the Vice President's office is vacant, the resignation is submitted to the Chief
Justice of India (CJI).
If the CJI's office is also vacant, the resignation is submitted to the senior-most
judge of the Supreme Court.
1969 Presidential and Vice-Presidential Office Assumption Act: Parliament made a law
in 1969 following a Supreme Court advisory opinion. This law formalized the
resignation process: President to Vice President, then to CJI, then to the
senior-most Supreme Court judge.
Historical Context: A situation arose where the President resigned to the CJI, and
the CJI (Mohammad Hidayatullah) had to act as temporary President. This prompted the
1969 Act.
File 2president2.txt
*Resignation letter address should be only in the name of Vice-president.
Re-election (Article 57)
The President can be re-elected any number of times. There is no constitutional
limit on the number of terms.
Tradition: However, Dr. Rajendra Prasad, the first President of India, established a
tradition of serving only two terms. This is a convention, not a legal requirement.
Qualifications (Article 58)
To be eligible for the office of President, a person must:
Be a Citizen of India.
Be at least 35 years old.
Not hold any office of profit under the central or state governments.
Exception: Holding the office of MP, MLA, MLC, or a member of local bodies is not
considered an office of profit. If elected President, these positions are
automatically vacated. If not elected, they can continue in their previous role.
Government employees must resign before contesting the Presidential election.
Pay a Deposit of ₹15,000.
The deposit is refundable if the candidate receives at least 1/6th of the total
valid votes polled.
The deposit can be paid at the Reserve Bank of India (RBI), a government treasury,
or to the Returning Officer.
Be Proposed and Seconded:
Be proposed by at least 50 members of the Electoral College (Proposers).
Be seconded by at least another 50 members of the Electoral College (Seconders).
Meet Other Qualifications Prescribed by Parliament.
Salary and Emoluments (Article 59)
Article 59 deals with both disqualifications (which are the opposite of
qualifications) and salary/emoluments.
Salary Determination: Parliament determines the President's salary.
Current Salary: ₹5 lakh per month.
Source of Payment: The salary is paid from the Consolidated Fund of India.
Tax Status: The salary is not subject to income tax.
Judicial Review: The Supreme Court cannot conduct judicial review of the President's
salary.
Reduction of Salary: The President's salary cannot be reduced, even during a
national financial emergency.
Note: During the COVID-19 pandemic, then-President Ram Nath Kovind voluntarily
requested a salary reduction, which was implemented and later restored. But legally,
a reduction is not permitted.
President's Residence (Rashtrapati Bhavan)
Located in Delhi.
Free accommodation is provided.
The building has four floors and 340 rooms.
The complex spans approximately 321 acres.
Construction started in 1912 and was completed in 1929.
Architect: Edwin Lutyens.
First occupant: Lord Irwin.
Houses the famous Mughal Gardens.
Located on Raisina Hills.
Before 1950, it was known as Viceroy's House or Viceregal Lodge.
The total perimeter of the Rashtrapati Bhavan complex is 21 kilometers.
Located near Rajpath (a ceremonial boulevard) in Delhi.
Pension
*50% of the salary will be given as pension.
Oath of Office (Article 60)
The President takes the oath of office before the Chief Justice of India (CJI).
Impeachment (Article 61)
Process: The President can be removed from office through impeachment.
Impeachment Motion: Passed by Parliament.
Grounds for Impeachment:
Violation of the Constitution.
Enforceable of constitution.
Origin of Impeachment Process: Adopted from the USA.
Procedure:
Introduction: The impeachment motion can be introduced in either the Lok Sabha
(Lower House) or the Rajya Sabha (Upper House).
Notice: At least 1/4th of the total members of the house where the motion is
introduced must sign the motion and give 14 days' notice to the presiding officer of
that house (Speaker of the Lok Sabha or Chairman of the Rajya Sabha).
Example (Lok Sabha): With 543 members, at least 136 members (1/4th) must sign.
Example (Rajya Sabha): With 245 members, at least 62 members must sign.
Passage: The house where the motion is introduced must pass it by a 2/3rds majority
of the total membership of that house (not just those present and voting). Vacancies
are not considered.
Example (Lok Sabha): 362 votes (2/3rds of 543) are needed.
Example (Rajya Sabha): 164 votes (approximately 2/3rds of 245) are needed.
Second House: The motion then goes to the other house, which must also pass it by a
2/3rds majority of its total membership.
Removal: If both houses pass the motion, the President is removed from office from
the date the second house passes the motion.
Failure: If one house passes the motion and the other rejects it, the motion fails.
Joint Sitting: There is no provision for a joint sitting of both houses of
Parliament (as per Article 108) in the case of an impeachment motion.
No Impeachments Yet: No President of India has been impeached to date.
Attempt: An impeachment motion was introduced against V.V. Giri in 1971 but was
later withdrawn.
Vacancy in the President's Office (Article 62)
Advance Election: The election for a new President should begin 15 days before the
end of the current President's term.
Vacancy: If the President's office becomes vacant for any reason, a new President
must be elected within six months.
Reasons for Vacancy:
Resignation.
Removal by impeachment.
Death.
The Supreme Court declares the election invalid.
A court determines that the President is of unsound mind.
These reasons will create vaccancy permenently.
**Presidential Powers: General Powers - Legislative Powers (Detailed Summary)**
**1. Legislative Powers - Overview**
* **Definition:** Legislative powers refer to the President's role in the
law-making process. These powers are often exercised in conjunction with, or as a
check on, the Parliament.
* **The Process:** A bill must pass both Houses of Parliament to become a law (an
Act). The President's assent (signature) is a *mandatory* requirement for a bill to
become law.
* **Article 79: Composition of Parliament:**
* Parliament consists of three components:
1. Lok Sabha (House of the People).
2. Rajya Sabha (Council of States).
3. The President.
* The President is an integral part of Parliament.
* **President's Role in Law-Making:** Though not a member of either House, the
President is an integral part of the Parliament due to his legislative powers,
especially the power of assent.
* **Article 111: Presidential Assent to Bills:**
* A bill passed by both Houses of Parliament becomes law only after the
President gives his/her assent (signs the bill).
**2. Specific Legislative Powers**
* **Article 80(1)(a): Nomination to the Rajya Sabha:**
* The President nominates 12 members to the Rajya Sabha (the Upper House).
* **Article 80(3): Criteria for Nomination:** These 12 members must have
special knowledge or practical experience in at least *four* areas:
1. Literature (Sahityam).
2. Science and Technology (Vijnana-Sastra-Samketika Vijnanam).
3. Arts (Kalaalu).
4. Social Service (Samajika Seva).
* **Order of Hierarchy:** The constitutional order for the areas of expertise
is as listed above (Literature, Science & Technology, Arts, and Social Service), and
this is the order in which they appear in the Constitution.
* **Simplified Memorization:** You can remember them by the acronym "LISA"
(Literature, Science & Technology, Arts, Social Service).
* **Note:** The President's power to nominate Anglo-Indians to the Lok Sabha
(Article 331) has been removed via the 104th Constitutional Amendment (2019),
effective from January 26, 2020.
* **Article 85: Summoning, Prorogation, and Dissolution of Parliament:**
* **Summoning (Convening) Parliament (Samaveshinchadam):** The President
summons (convenes) sessions of Parliament (both Houses). This is called "Summons"
(Saamens).
* **Prorogation of Parliament (Deergakaalika Vayidaa Veyadam):** The
President can prorogue (adjourn for a long period) the sessions of Parliament. This
means adjourning the session without fixing the date/time of the next meeting.
* **Note on Prorogation:** "Prorogation" (Pro-rog) means to
discontinue/suspend a session, without setting a specific date for the next meeting.
* **Article 87: Special Address by the President:**
* The President can address either House separately or both Houses jointly.
* The President's address may be at the beginning of each session or on other
special occasions. The President is not *obligated* to give the address.
* **Article 103: Disqualifying Members of Parliament:**
* The President has the power to disqualify members of Parliament (MP's).
* **Article 108: Convening a Joint Sitting of Parliament:**
* The President can summon a joint sitting (Ubhaya Sabha Samyukta Samavesham)
of both Houses of Parliament to resolve a deadlock over a bill.
* The President *can* convene a joint sitting.
* **Limitations:** A joint sitting can be convened *only* in the case of
*ordinary* bills.
* **The process:** If, after a bill is passed by the Lok Sabha and sent to the
Rajya Sabha, the Rajya Sabha takes no action within six months (neither approves,
disapproves, nor suggests amendments), the President, believing a deadlock exists,
can call for a joint sitting under Article 108. The Speaker of Lok Sabha presides
over the joint sitting, and if unavailable the Deputy Speaker of the Lok Sabha
presides. If both are unavailable, the Deputy Chairman of the Rajya Sabha presides.
If they are unavailable then the President can appoint someone to preside.
* **Article 123: Promulgation of Ordinances:**
* The President can issue ordinances when Parliament is not in session. An
ordinance has the same force as an Act of Parliament but must be approved by
Parliament within a specific time frame (usually six weeks) or it ceases to be in
effect. This power is a key legislative power.
* **Article 91(1): Power to Appoint a Chairman**
* In case the posts of Chairman and Deputy Chairman of Rajya Sabha are vacant
at the same time, the President can appoint one among the members of the Rajya Sabha
to be the Chairman of the Rajya Sabha.
* **Article 95(1): Power to Appoint a Speaker:**
* If both the offices of the Speaker and Deputy Speaker of the Lok Sabha are
vacant, the President can appoint a member of the Lok Sabha to be the Speaker.
**3. Bills Requiring the President's Prior Recommendation (Prior Permission):**
* **Article 3: Bills for Reorganization of States:**
* Bills concerning the formation of new states, alteration of state
boundaries, etc. (State Reorganization Bills) require the President's prior
recommendation and can be introduced in either the Lok Sabha or Rajya Sabha.
* **Article 109: Money Bills:**
* Money Bills (Dravya Billulu) *must* be introduced *only* in the Lok Sabha
and require the President's prior recommendation.
* **Article 112: Budget (Annual Financial Statement):**
* The Budget (Annual Financial Statement) requires the President's prior
recommendation and must be introduced in the Lok Sabha.
* A "Budget" outlines the government's expected revenue and expenditure for a
financial year.
* **Article 117(1): Financial Bills (First Type):**
* Financial Bills of the first type (Arthika Billulu) must be introduced
*only* in the Lok Sabha and require the President's prior recommendation.
* **Article 274: Bills Affecting Taxation Affecting States:**
* Bills that affect the taxation of states (e.g., taxes on agricultural
income) require the President's prior recommendation.
* **Article 349: Bills related to Use of Language in Courts:**
* Bills proposing changes to the language used in the Supreme Court or High
Courts require the President's prior recommendation.
* **Article 31A: Bills related to the Nationalization of Property:**
* Bills for the nationalization (acquisition by the government) of property
require the President's prior recommendation.
* Nationalization means the transfer of privately owned assets to government
control for public benefit.
* **Note:** Bills for the constitutional amendment do *not* require prior
recommendation.
**4. What's Next:**
* The next section will cover the President's Financial Powers.
**Presidential Powers: General Powers - Executive Powers (Detailed Summary - Part
1)**
**1. Introduction: Classification of Presidential Powers**
* **Three-Fold Classification:** Presidential powers are categorized into three
main types:
1. General Powers (Sadharana Adhikaraalu).
2. Emergency Powers (Atyavasara Adhikaraalu).
3. Discretionary Powers (Vichakshana Adhikaraalu).
* **Note on Categorization:** This classification (General, Emergency,
Discretionary) is for ease of understanding. It is neither constitutionally defined
nor based on specific legislation.
**2. General Powers - Breakdown**
* **Sub-categories:** General powers can be further divided into various
categories:
1. Executive Powers (Karyanirvahana Adhikaraalu)
2. Legislative Powers (Sasana Adhikaraalu)
3. Financial Powers (Arthika Adhikaraalu)
4. Judicial/Mercy Powers (Nyaya/Kshamabhiksha Adhikaraalu)
5. Veto Powers (Veto Adhikaraalu)
6. Diplomatic Powers (Dautya Adhikaraalu)
7. Military Powers (Sainika Adhikaraalu)
8. Other Powers (Itara Adhikaraalu)
**3. General Powers - Executive Powers (Karyanirvahana Adhikaraalu)**
* **Article 53(1): The Constitutional Basis:** This article forms the foundation
of executive power. It states that:
* All executive power of the Union (i.e., India) is vested in the President.
* The President can exercise these powers directly or through officers
subordinate to him/her.
* **Interpretation of the Article:** Due to the vastness of India, the President
cannot personally handle every aspect of administration. Therefore, the President
uses a team of subordinates to exercise these executive functions.
* **Definition of "General Powers":** The powers that the President exercises,
typically on the advice of the Prime Minister and the Union Council of Ministers, in
normal circumstances.
* **Specific Appointments and Functions under Executive Powers (with relevant
Articles):**
1. **Article 75(1): Appointment of the Prime Minister:**
* The President appoints the Prime Minister.
* The Prime Minister is usually the leader of the party (or coalition)
that commands a majority in the Lok Sabha.
2. **Article 75(1): Appointment of Other Ministers (Council of Ministers):**
* The President appoints other members of the Union Council of Ministers,
on the advice of the Prime Minister.
3. **Article 76: Appointment of the Attorney General of India (AGI):**
* The President appoints the Attorney General of India.
* The AGI is the chief legal advisor to the Government of India and the
highest law officer in the country.
4. **Article 77(3): Allocation of Portfolios to Ministers:**
* The President allocates portfolios (ministries or departments) to the
members of the Union Council of Ministers. This is done on the advice of the Prime
Minister.
5. **Article 148: Appointment of the Comptroller and Auditor General of India
(CAG):**
* The President appoints the Comptroller and Auditor General of India.
* The CAG audits the accounts of the Union government, state governments,
public sector corporations, companies, and NGOs receiving government assistance.
6. **Article 124: Appointment of Supreme Court Judges:**
* The President appoints the judges of the Supreme Court.
7. **Article 216: Appointment of High Court Judges:**
* The President appoints the judges of the High Courts.
8. **Article 262: Establishment of the Central Water Commission:**
* The President establishes the Central Water Commission (Kendra Jala
Sangham).
9. **Article 263: Establishment of the Inter-State Council:**
* The President establishes the Inter-State Council (Antarrastreeya
Mandali).
* This council aims to improve relations and cooperation between the Union
and the states.
10. **Article 280: Appointment of the Finance Commission:**
* The President appoints the Finance Commission (Central Finance
Commission).
* The Finance Commission makes recommendations on the distribution of tax
revenues between the Union and the states.
11. **Article 316: Appointments related to the Union Public Service Commission
(UPSC):**
* The President appoints the Chairman and members of the Union Public
Service Commission (UPSC).
* The UPSC conducts examinations and makes appointments to the All India
Services and Central Services.
12. **Article 324: Appointments related to the Election Commission of India:**
* The President appoints the Chief Election Commissioner and other
Election Commissioners.
* The Election Commission is responsible for conducting elections to the
Lok Sabha, Rajya Sabha, President, Vice-President, State Legislative Assemblies, and
State Legislative Councils (excluding local bodies).
13. **Article 338: Establishment of National Commission for Scheduled Castes
(SCs):**
* The President establishes the National Commission for Scheduled Castes.
14. **Article 338A: Establishment of National Commission for Scheduled Tribes
(STs):**
* The President establishes the National Commission for Scheduled Tribes.
15. **Article 338B: Establishment of National Commission for Backward Classes
(BCs):**
* The President establishes the National Commission for Backward Classes.
16. **Article 340: Appointment of Commission to Investigate BC Conditions:**
* The President can appoint a commission to investigate the conditions of
Backward Classes (BCs).
17. **Article 350B: Appointment of Commission for Linguistic Minorities:**
* The President can appoint a commission to investigate the conditions of
linguistic minorities.
18. **Article 239AA: Appointment of Delhi's Chief Minister and Council of
Ministers:**
* The President appoints the Chief Minister of Delhi.
* The President appoints the Council of Ministers in Delhi.
* Note: The Governor of Delhi is referred to as the "Administrator"
(though in practice, the term "Lieutenant Governor" is used).
19. **Article 239AA: Appointment of Delhi's Administrator:** The President
appoints the Administrator (Lieutenant Governor) of Delhi.
20. **Article 239AB: Appointment of Puducherry's Chief Minister and Council of
Ministers:**
* The President appoints the Chief Minister of Puducherry.
* The President appoints the Council of Ministers in Puducherry.
21. **Article 239AB: Appointment of Puducherry's Administrator:** The President
appoints the Administrator (Lieutenant Governor) of Puducherry.
22. **Article 155: Appointment of Governors of States:**
* The President appoints the Governors of states.
**In essence:** The President's executive powers are vast, and they encompass the
appointment of key officials, the administration of the country, the establishment
of commissions and councils, and the oversight of various governmental functions,
all typically exercised on the advice of the elected government (Prime Minister and
Council of Ministers).
**Emergency Provisions: Overview, Types, and Sources (Detailed Summary - Part 2)**
**1. Introduction: Defining Emergency Provisions**
* **Core Concept:** Emergency provisions refer to the powers granted to the
President to address situations where normal governance is disrupted or threatened.
These are "exceptional" situations, deviating from the usual constitutional
framework.
* **Triggering Conditions:** These provisions are invoked when circumstances
arise that:
* Threaten India's unity (Aikayata).
* Threaten India's integrity (Samagrata).
* Threaten India's sovereignty (Sarvabhumatvam).
* Threaten the nation's security (Desha Rakshana).
* Threaten the Indian Constitution (Bharata Rajyangam).
* **In essence,** These provisions allow the President to restore normal
circumstances when there are exceptional circumstances that disrupts the ability to
function properly.
**2. Constitutional Framework:**
* **Part of the Constitution:** The provisions regarding emergencies are contained
in Part XVIII (18th Part) of the Indian Constitution.
* **Relevant Articles:** The specific articles covering emergency provisions are
from Article 352 to Article 360 of the Constitution.
**3. Types of Emergency Provisions:**
* **Three Types:** The Indian Constitution provides for three distinct types of
emergencies:
1. **Article 352: National Emergency** (Jateeya Atyavasara Paristhiti) -
English: National Emergency.
2. **Article 356: President's Rule** (Rashtrapati Palana) - English:
President's Rule. Also referred to as:
* Constitutional Emergency (Rajyanga Atyavasara Paristhiti)
* Central Rule (Kendra Palana) - English: Central Rule.
3. **Article 360: National Financial Emergency** (Jateeya Arthika Atyavasara
Paristhiti) - English: National Financial Emergency.
**4. Source of the Provisions:**
* **Government of India Act, 1935:** The emergency provisions have been adapted
from the Government of India Act of 1935.
**5. Key Considerations**
* **Temporary Suspension of Fundamental Rights:** During a National Emergency, the
President can temporarily suspend fundamental rights. The document states that we
have borrowed this concept from Germany
* **Exception to Suspension (44th Amendment):** The 44th Constitutional Amendment
of 1978, added the detail that during a National Emergency, Articles 20 and 21
(protection in respect of conviction for offenses, and protection of life and
personal liberty) *cannot* be temporarily suspended. Borrowed from Japan.
**Emergency Provisions: Reasons, Scope, Procedures, and Related Points (Detailed
Summary - Part 3)**
**1. Reasons for Declaring Emergency Provisions:**
* **Article 352 (National Emergency):**
* **External Reasons:**
* War with a foreign country.
* Foreign aggression (invasion or encroachment on Indian territory).
* **Internal Reasons:**
* Armed rebellion (organized uprising or opposition to the government,
regardless of the groups or individuals involved; includes the term "insurgency" as
a related concept, but not explicitly used in the constitution).
* **Article 356 (President's Rule):** Imposed due to a breakdown of the
constitutional machinery within a state.
* **Article 360 (National Financial Emergency):** Declared when the President
believes that the financial stability or credit of India is threatened.
**2. Scope of Application (Geographical Extent):**
* **Article 352 (National Emergency):** Can be applied to the entire territory of
India *or* to a specific part (or parts) of the country.
* **Article 356 (President's Rule):** Applied to the *entire* state. There is no
provision for applying it only to a part of a state.
* **Article 360 (National Financial Emergency):** Can be applied to the entire
country or to a specific part.
**3. Authority to Declare the Emergencies:**
* The *President* of India is the sole authority for declaring all three types of
emergencies (Articles 352, 356, and 360).
**4. Parliamentary Approval - Timeframe and Majority Required:**
* **Article 352 (National Emergency):** Must be approved by both Houses of
Parliament within *one month* of the President's proclamation. The required majority
is a *special majority*.
* **Article 356 (President's Rule):** Must be approved by both Houses of
Parliament within *two months* of the President's proclamation. The required
majority is a *simple majority*.
* **Article 360 (National Financial Emergency):** Must be approved by both Houses
of Parliament within *two months* of the President's proclamation. The required
majority is a *simple majority*.
**5. Commencement of Effect (When the Emergency Takes Effect):**
* **Article 352 (National Emergency):** The emergency comes into effect from the
date of *approval* by the *second* House of Parliament. (The text emphasizes this
point by calling it the "second house").
* **Article 356 (President's Rule):** The emergency comes into effect from the
date of the *President's* proclamation.
* **Article 360 (National Financial Emergency):** The emergency comes into effect
from the date of *approval* by the *second* House of Parliament.
**6. Revocation of the Emergency (Termination):**
* **Revocation Authority:**
* The President can revoke any of the three types of emergencies.
* The Union Council of Ministers also have the power to revoke by resolution.
* **Mechanism:** Revocation can be done via a proclamation by the President or via
a resolution of the central council of ministers.
**7. Situation if the Lok Sabha is Dissolved at the Time of Declaration:**
* **Process:** If the Lok Sabha (the lower house of Parliament) is dissolved at
the time the President declares any of the three emergencies:
1. The Rajya Sabha (the upper house) *must* approve the proclamation.
2. When the Lok Sabha is reconstituted (i.e., after new elections), it must
approve the proclamation within 30 days of its *first* sitting.
**8. Joint Sitting of Parliament:**
* **Not Permitted:** There is *no* provision for a joint sitting of both Houses of
Parliament in the event of disagreements between the Lok Sabha and Rajya Sabha
regarding any of the emergency declarations.
**9. Specific Points to Note:**
* **Importance of Proper Reading:** The document stresses the importance of
reading and understanding the subject matter.
* **Three Types of Emergencies:** Reasons for declaring the 3 types are described,
and the places.
* **Flexibility in declaring:** For the National and Financial emergencies it can
be in the whole nation or some part.
* **President's Role** The President alone declares it.
* **Duration:** In general the duration of a national emergency depends on the
approval of the second house. The duration of president's rule depends on the
president declaration.
* **The document focuses on the "reasons," "where to declare," and the procedural
steps involved in the declaration of the three types of emergencies.
**Emergency Provisions in the Indian Constitution: A Detailed Summary**
**1. Introduction & Overview:**
* **Subject Matter:** This document focuses on emergency provisions as enshrined
within the Indian Constitution, particularly the provisions related to the National
Emergency.
* **Constitutional Framework:**
* **Part of the Constitution:** Emergency provisions are detailed in Part 18
of the Indian Constitution.
* **Source of Provisions:** The primary source for these provisions is the
Government of India Act of 1935.
* **Types of Emergencies:** The Indian Constitution outlines three distinct types
of emergencies:
1. **National Emergency (Article 352):** Declared when the security of India,
or any part thereof, is threatened by war, external aggression, or armed rebellion.
2. **President's Rule (Article 356):** Also known as State Emergency or
Constitutional Emergency, invoked when the constitutional machinery in a state
fails.
3. **Financial Emergency (Article 360):** Declared when the financial
stability or credit of India is threatened.
* **Rationale:** Emergency provisions are intended to address situations that
deviate significantly from normal governance, allowing the central government to
take necessary actions to restore order and maintain the integrity of the nation.
**2. National Emergency (Article 352): A Deep Dive**
* **Declaration Authority:** The President of India is the sole authority
empowered to declare a National Emergency.
* **Presidential Powers & Limitations:**
* **Not a Sole Discretion:** The President cannot unilaterally declare a
National Emergency based solely on their own assessment.
* **Mandatory Cabinet Advice:** A National Emergency can only be proclaimed
upon the *written* advice of the Union Cabinet (Council of Ministers headed by the
Prime Minister). This is a crucial safeguard.
* **Constitutional Amendment (44th Amendment, 1978):** The 44th Amendment was
a pivotal change in the constitutional framework for emergency provisions,
explicitly introducing the requirement for written Cabinet advice. This
significantly curtailed the President's discretionary power and ensured a collective
decision-making process involving the elected executive.
* **"Cabinet" Definition:** The term "Cabinet" (as distinct from "Council of
Ministers") was *formally added* to the Indian Constitution through the 44th
Amendment (1978). Before this amendment, the term was absent from the Constitution.
Its inclusion specifically related to the process of declaring a National Emergency.
* **Grounds for Declaration (Causes/Reasons):** The Constitution specifies the
circumstances under which a National Emergency can be declared:
* **External Aggression/War:** When India is facing an external threat,
whether through an act of war by another nation or through aggression.
* **Armed Rebellion:** This is a more recent articulation of the internal
threat aspect, replacing the original term "internal disturbance" through the 44th
Amendment.
* **44th Amendment (1978):** This amendment substituted "internal
disturbance" with "armed rebellion."
* **"Armed Rebellion" Defined:** Refers to a situation of organized
violence or defiance against the government or its authority, potentially involving
various groups or sectors:
* Government employees.
* Private sector employees.
* Military or other armed forces.
* Labor unions or other organized groups.
* **Examples:** Situations like insurgencies, separatist movements, or
widespread violent protests against the government would fall under this category.
* **Note:** The 38th Amendment made it so a national emergency could be
declared because of internal disturbance. This was later amended to armed rebellion
through the 44th to provide a more specific meaning.
* **Key Points and Clarifications:**
* **Origin of Emergency Provisions:** The "emergency provisions" are derived
from the Government of India Act, 1935, and the rules to be followed during the
National Emergency were taken from Germany.
* **Procedural Aspects (Implicit):** The document touches upon the *who* and
*why* of a National Emergency, which implies the importance of the Parliamentary
approval process, the time limits for such approval, and any mechanisms to review
the actions taken during the emergency.
* **Judicial Review (Implicit):** There is an implication that the actions
taken during a National Emergency are subject to judicial review. The text doesn't
go into the impact of the National Emergency on Fundamental Rights.
* **Effects on the Normal Governance** The declaration of the Emergency does
have several key effects. The document does not get into detail, but it can be
inferred that the impact would be significant on fundamental rights and normal
governance.
**3. Summary of the National Emergency Process:**
* **Initiation:** The declaration of a National Emergency begins with a formal
recommendation from the Union Cabinet.
* **Presidential Action:** The President, acting on the Cabinet's written advice,
issues a proclamation declaring the National Emergency.
* **Grounds:** The Emergency can be declared only when the security of India is
threatened by war, external aggression, or armed rebellion.
* **Control:** The role of the Cabinet is very important.
**4. Other Topics (Implied, but Not Fully Detailed):**
* **Parliamentary Approval:** The document indicates a future description of the
legislative process that is necessary to extend an emergency.
* **Revocation:** How the National Emergency can be lifted by the president.
* **Impact on Fundamental Rights:** The document does not explicitly discuss the
effects of a National Emergency on Fundamental Rights (e.g., the suspension of
certain rights).
* **Past Impositions:** The document mentions an attempt to cover the history of
emergencies.
* **Scope:** The document provides an overview of the concept of National
Emergency, it serves as an introduction.
**Presidential Powers: National Emergency (Detailed Summary - Part 5)**
**1. Scope of Application:**
* **Geographical Extent:** A National Emergency can be declared for the entire
nation or a specified part of it.
* **Decision:** The decision on where to apply the emergency is at the discretion
of the President, based on the situation.
**2. Parliamentary Approval and Duration:**
* **Approval Timeline:** Parliament must approve the National Emergency
declaration within *one month* of the President's proclamation.
* **Approval Mechanism:** Parliamentary approval requires a *special majority*.
* **Initial Duration:** Upon parliamentary approval, the National Emergency
remains in effect for a period of *six months*.
* **Start of Six-Month Period:** The six-month duration is calculated from the
date of approval by the *second house* of Parliament (this is important, as the text
emphasizes this point).
* **Extension of Duration:** The National Emergency can be extended beyond six
months, but only with repeated parliamentary approval. This requires a special
majority vote *every six months*. There is *no upper limit* on the total duration of
a National Emergency if Parliament consistently approves extensions.
* **Minimum Duration:** The minimum duration is six months (from the second house
approval).
* **Maximum Duration:** There is no maximum duration.
**3. Contingency: Lok Sabha Dissolution:**
* **Scenario:** If the Lok Sabha (the lower house of Parliament) is dissolved at
the time of the President's proclamation, a special process is followed.
* **Rajya Sabha's Role:** The Rajya Sabha (the upper house) must approve the
proclamation.
* **Lok Sabha's Subsequent Action:** Once the Lok Sabha is reconstituted
(re-elected and convened), it must approve the proclamation within 30 days of its
first sitting.
**4. Placement of the Resolution:**
* **House of Origin:** The National Emergency resolution can be introduced in
either the Lok Sabha or the Rajya Sabha.
* **Failure to Approve:**
* If either the Lok Sabha or Rajya Sabha rejects the resolution, the National
Emergency is revoked.
* Joint sitting is not allowed.
* **No Joint Sitting:** If differences arise between Lok Sabha and Rajya Sabha,
there is no provision for a joint sitting of the two Houses.
* **Necessity of Approval:** Both Lok Sabha and Rajya Sabha *must* approve the
proclamation for the emergency to continue.
**5. Revocation of the National Emergency:**
* **Presidential Action:** The President can revoke the National Emergency through
a formal proclamation.
* **Lok Sabha's Power (44th Amendment, 1978):** The 44th Constitutional Amendment
introduced a mechanism for revocation through a resolution passed by the Lok Sabha.
* **Initiation:** A resolution must be approved by 1/10th of the total members
of the Lok Sabha.
* **Presentation of Resolution:**
* If Lok Sabha is in session, the resolution is given to the Speaker.
* If Lok Sabha is *not* in session, the resolution is given to the
President.
* **Lok Sabha's Meeting (Mandatory):** The Speaker or the President (depending
on who received the resolution) *must* convene a Lok Sabha session within 14 days.
* **Voting:** If the Lok Sabha, in a *simple majority*, passes a resolution to
revoke the National Emergency, the emergency is revoked.
* **No further Approval needed:** The revocation of the National Emergency by the
President or a Lok Sabha resolution *does not* require further parliamentary
approval.
**6. Impact on Fundamental Rights & other Items:**
* **Impact on Fundamental Rights** The document does not explicitly discuss the
effects of a National Emergency on Fundamental Rights (e.g., the suspension of
certain rights).
* **Impact on Lok Sabha and Vidhan Sabha terms** The document describes that both
can be extended.
* **Effects on the normal governance** The declaration of the Emergency does have
several key effects.
* **Previous Impositions:** The document mentions the three times it has been
used.
**7. The 44th Constitutional Amendment (1978) and its Impact:**
* **Key Changes:**
* Requirement of Cabinet's written advice.
* The term "Cabinet" was officially added to the Constitution.
* Armed Rebellion used.
* **Article 20 & 21** During a National Emergency declared due to external
aggression or armed rebellion, Articles 20 and 21 (Protection in respect of
conviction for offences, and Protection of life and personal liberty) cannot be
temporarily suspended.
* **Source:** This was taken from Japan.
**8. Extension of Lok Sabha & Vidhan Sabha Terms:**
* **Constitutional Amendment (44th Amendment, 1978):** During a National
Emergency, the terms of the Lok Sabha and state Legislative Assemblies (Vidhan
Sabhas) can be extended.
* **Extension Period:** The term can be extended by *one year* at a time.
* **Unlimited Extensions:** This extension can be done for any number of years,
provided Parliament approves an extension *every year*.
* **Timeline:** The terms of the Lok Sabha and Vidhan Sabhas are defined by
Articles 83 and 172 of the constitution, respectively.
**9. Impact on Centre-State Relations:**
* **Article 353:**
* **Executive Orders:** The Union (Central Government) can issue executive
orders to states, and states *must* comply. This covers administrative or
governance-related directives.
* **Article 354:**
* **Financial Orders:** The Union can issue financial directives to states,
and states *must* comply.
* **Article 250:**
* **Legislation on State List Subjects:** Parliament can make laws on any
subject within the State List (subjects normally under state legislative control).
States cannot make laws that conflict with these central laws.
**10. Judicial Review:**
* **44th Amendment (1978):**
* **External Aggression:** If a National Emergency is declared due to external
aggression, the Supreme Court's power of judicial review is *not* removed (the
Supreme Court can still review the declaration and the actions taken).
* **Internal Reasons:** If a National Emergency is declared on grounds of
*armed rebellion*, the Supreme Court's power of judicial review *is* limited (cannot
review the declaration and the actions taken).
* **Minerva Mills Case:** The text indicates that Supreme Court decisions related
to the judicial review are important.
**11. Historical Instances of National Emergency:**
* **Times Imposed:** The National Emergency has been imposed in India *three
times*.
* **Details of Impositions:**
1. **1962:**
* **Date:** October 26, 1962, to January 10, 1968
* **Reason:** External aggression/war with China (Chinese invasion,
particularly in the Ladakh region).
* **President:** Dr. Sarvepalli Radhakrishnan.
* **Prime Minister:** Jawaharlal Nehru.
2. **1971:**
* **Date:** December 3, 1971, to March 21, 1977.
* **Reason:** External aggression/war with Pakistan.
* **President:** V.V. Giri.
* **Prime Minister:** Indira Gandhi.
3. **1975:**
* **Date:** June 26, 1975, to March 21, 1977.
* **Reason:** Internal disturbances (later amended to armed rebellion).
* **President:** Fakhruddin Ali Ahmed.
* **Prime Minister:** Indira Gandhi.
**12. Reasons for the 1975 National Emergency (Internal Disturbances):**
* **Multiple Contributing Factors (Four Key Reasons):**
1. **Nav Nirman Movement:**
* **Leader:** Morarji Desai.
* **Context:** Corruption within the Gujarat state government led to
demands for its dissolution and President's Rule.
2. **Sampoorna Kranti (Total Revolution) Movement:**
* **Leader:** Jayaprakash Narayan (Lok Nayak).
* **Context:** Protests against corruption, particularly in Bihar, and a
broader call for systemic change and the dissolution of corrupt governments at both
the state and central levels.
3. **All India Railway Strike:**
* **Context:** A strike by railway workers led by George Fernandes,
demanding better pay and working conditions. The government's response and the
involvement of militants escalated the situation.
4. **Allahabad High Court Judgment:**
* **Context:** A court case challenging Indira Gandhi's 1971 election
victory, alleging electoral malpractices by Indira Gandhi (Raj Narain).
* **Judgment:** Allahabad High Court Justice Jagmohan Lal Sinha found
Indira Gandhi guilty of corrupt electoral practices, declared her election void and
barred her from holding elected office for six years.
* **Supreme Court's Response:** The Supreme Court, under Justice V.R.
Krishna Iyer, granted a partial stay on the Allahabad High Court's order but ruled
that Indira Gandhi could participate in parliamentary proceedings, but without the
right to vote.
* **Key Takeaway:** This court ruling, combined with the other factors,
created a crisis for Indira Gandhi's government. The government, following legal
advice, invoked emergency powers.
**13. Events of the 1975 Emergency:**
* **Justification** The document clarifies that the state of emergency was
declared because of the four factors listed above.
* **Government Response:** The government cited the legal advice of Nani
Palkhivala and Siddhartha Shankar Ray.
* **Key Actions:**
* A constitutional amendment was used to declare that they were enacting a
National Emergency due to "internal reason".
* Fundamental rights were suspended.
* The right to judicial review by the Supreme Court was suspended.
* Mass arrests of political opponents and critics (including Morarji Desai,
Jayaprakash Narayan, and others).
**President's Rule (Article 356): A Detailed Summary**
**1. Introduction and General Information:**
* **Alternative Names:** Also known as Central Rule or Constitutional Emergency.
* **Constitutional Article:** Governed by Article 356 of the Indian Constitution.
* **Proclamation:** The President of India proclaims President's Rule.
**2. Grounds and Authority for Declaration:**
* **Basis for Proclamation:** The President's declaration is based on either:
1. The report of the state's Governor.
2. The advice of the Union Council of Ministers.
* **Historical Note:** The original concept in the Constituent Assembly was
"Governor's Rule," which was later changed to "President's Rule," giving more power
to the center.
* **Reason for Imposition:** The President imposes President's Rule when the
"constitutional machinery" in a state has failed.
* **Constitutional Machinery Breakdown - Interpretation:** Although not explicitly
defined in the Constitution, a breakdown is generally understood to include
situations such as:
1. Deterioration of law and order.
2. The state government is not functioning properly.
3. The current government has lost its majority.
4. No party gains an absolute majority in the Legislative Assembly elections.
5. Inability to form a new government.
6. Failure of the state government to comply with directions from the central
government (Article 365).
**3. Scope of Application:**
* **Geographical Extent:** President's Rule is imposed across the entire state; it
cannot be limited to a specific area.
**4. Parliamentary Approval, Duration, and Extension:**
* **Approval Timeline:** The President's Rule declaration must be approved by
Parliament within two months of the proclamation.
* **Approval Mechanism:** Approval requires a *simple majority* vote in both
Houses of Parliament (Lok Sabha and Rajya Sabha).
* **Initial Duration:** Once approved, President's Rule lasts for six months from
the date of the President’s proclamation.
* **Extension:** President's Rule can be extended beyond six months. This is also
done with a *simple majority* in both Houses of Parliament every six months.
* **Extension beyond One Year:**
* **Conditions:** To extend President's Rule beyond one year, one of two
conditions *must* be met:
1. A National Emergency must be in effect in the entire country or in part
of the country.
2. The Election Commission of India must certify that holding elections in
the state is difficult.
* **Maximum Extension (General):** Under these conditions, President's Rule
can be extended up to a maximum of three years.
* **Extension beyond Three Years (Exceptional):**
* **Constitutional Amendment:** To extend President's Rule beyond three
years, a constitutional amendment is *required*.
* **Historical Example:** This has been done once, for Punjab, through the
59th Constitutional Amendment in 1987, which extended President's Rule from three to
five years.
* **Minimum Duration:** Six months.
* **Maximum Duration:** Three years.
**5. Legislative Procedures**
* **Introduction of the Proclamation:** The proclamation for President's Rule can
be introduced in either the Lok Sabha or the Rajya Sabha.
* **Parliamentary Agreement:** Both the Lok Sabha and the Rajya Sabha must approve
the proclamation.
* **No Joint Sitting:** There is no provision for a joint sitting of both Houses
if there are disagreements between them regarding the proclamation.
**6. Revocation of President's Rule:**
* **Power of Revocation:** The President has the power to revoke President's Rule
at any time.
* **Revocation Process:** This revocation is done by the President through a
proclamation (no parliamentary approval is needed again).
* **Lok Sabha's Power (Implicit, 44th Amendment):** The Lok Sabha has the power to
revoke President's Rule via a simple majority.
**7. Judicial Review:**
* **Judicial Review Allowed:** The President's Rule is subject to judicial review
by the Supreme Court and High Courts.
* **S.R. Bommai Case (1994):** The Supreme Court, in the case of S.R. Bommai vs.
State of Karnataka (1994), established several key principles:
1. The power of judicial review of President's Rule lies with the judiciary
(Supreme Court and High Courts).
2. President's Rule should only be imposed based on the Governor's report.
3. The loss of majority by the government should be *proven* in the Legislative
Assembly.
4. The Legislative Assembly should be dissolved *only* after Parliament has
approved the President's Rule proclamation.
5. President's Rule should be used only as a *last resort*.
6. President's Rule should not be used in a way that undermines the federal
system.
**President's Rule: Effects and Related Information (Detailed Summary - Part 7)**
**1. Immediate Consequences of Imposing President's Rule:**
* **Dissolution of State Cabinet:** The state's Council of Ministers (Cabinet) is
immediately dissolved.
**2. Decisions Regarding the State Legislative Assembly:**
* **Two Options:** The President has two options concerning the state's
Legislative Assembly:
1. **Dissolution:** The Legislative Assembly can be dissolved.
2. **Suspension/Dormancy (Suspension Animation):** The Legislative Assembly can
be kept in a state of dormancy (suspended).
* **Consequences:**
* **Dissolution:** If the Legislative Assembly is dissolved, fresh elections
*must* be conducted immediately after President's Rule is lifted.
* **Suspension:** If the Legislative Assembly is kept in a state of dormancy,
it is reinstated when President's Rule is lifted, and it continues for the remainder
of its term (up to the next scheduled elections).
**3. Legislative Powers During President's Rule:**
* **Parliament's Role:** All law-making power for the state shifts to the
Parliament of India.
* **Including Budget:** Parliament formulates laws, including the state's budget,
during President's Rule.
* **Article 357:** This is explicitly stated in Article 357 of the Indian
Constitution.
**4. Executive Powers During President's Rule:**
* **President's Role:** The President governs the state through the Governor.
* **Governor as Representative:** The Governor acts as the President's
representative.
* **Appointment of Officials:** The President can appoint officials to assist the
Governor in governing the state. The exact number of officials isn't prescribed in
the constitution.
**5. Powers Unaffected by President's Rule:**
* **High Court Powers:** The powers of the state High Court remain unchanged.
* **Fundamental Rights:** Fundamental Rights of citizens are *not* canceled or
suspended during President's Rule.
**6. Instances of President's Rule in Andhra Pradesh and United Andhra Pradesh:**
* **Andhra State:**
* **Number of Times Imposed:** Once.
* **Year:** 1954
* **Chief Minister:** Tanguturi Prakasam Pantulu.
* **Governor:** C. M. Trivedi.
* **United Andhra Pradesh:**
* **Number of Times Imposed:** Twice.
* **First Time:**
* **Year:** 1973
* **Date of Imposition:** January 18, 1973.
* **Duration:** January 18, 1973 - December 10, 1973
* **Chief Minister:** P. V. Narasimha Rao.
* **Governor:** Khandubhai Kasanji Desai.
* **Reason:** Jai Andhra movement and deterioration of law and order.
* **Second Time:**
* **Year:** 2014
* **Date of Imposition:** March 1, 2014.
* **Duration:** March 1, 2014 - June 7, 2014.
* **Chief Minister:** Nallari Kiran Kumar Reddy.
* **Governor:** E. S. L. Narasimhan.
* **Reason:** United Andhra Pradesh movement and deterioration of law and
order.
**7. States Where President's Rule Has Never Been Imposed (as of the information
provided):**
* Telangana
* Chhattisgarh
**8. States with Highest and Lowest Frequencies:**
* **Most Times:** Manipur.
* **Least Times:** Uttarakhand.
**9. States with Longest and Shortest Durations:**
* **Longest Duration:** Punjab
* **Shortest Duration:** Karnataka
**10. Overall Statistics:**
* **Total Times in India:** Approximately 130 times (across various states).
**11. Studying the President's Rule Effectively:**
* **Key Information Points:**
* Who declares: President
* Geographical Scope: Entire state
* Reason: Constitutional machinery failure
* Parliamentary Approval Timeline: Within 2 months (simple majority)
* Effective Date: From the date of the President's proclamation
* House of Origin (Resolution): Either Lok Sabha or Rajya Sabha
* Minimum Duration: Six months
* Maximum Duration: Three years (unless under the specific conditions for
extension)
* Joint Sitting: Not applicable
* Lok Sabha Dissolution: Rajya Sabha approval is needed, and Lok Sabha must
approve within 30 days
* Judicial Review: Yes, the Supreme Court can review the action.
* Revocation: President (no further approval by Parliament is needed)
* Impact: Dissolves State Cabinet, legislative assembly (dormant or
dissolved), Central government assumes law-making responsibilities, high court’s
powers are not affected, fundamental rights remain.
**12. The Role of Article 357:**
* Article 357 of the Indian Constitution explicitly gives all legislative powers
concerning the state to Parliament during President's Rule.
**13. The Role of the Governor:**
* During President's Rule, the President governs the state through the Governor.
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