If the President of India exercises his power as provided under Article 356 of the Constitution of a particular State, then

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2018, Q43

Contents10
UPSC Prelims GS2018Indian Polity
  1. Athe Assembly of the State is automatically dissolved.
  2. Bthe powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
  3. CArticle 19 is suspended in that State.
  4. Dthe President can make laws relating to that State.
Show answer

Answer: (B) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.

Correct Answer: (b) The powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.

When President's Rule is imposed under Article 356:

  • Option B is CORRECT: The powers of the state legislature are transferred to Parliament. Parliament can make laws on subjects in the State List for that state. This is the key constitutional provision.

Why the other options are wrong:

  • Option A: The State Assembly is NOT automatically dissolved. It is usually kept in 'suspended animation' (frozen, not dissolved). The President CAN dissolve it, but it's not automatic. The Assembly may be revived later.

  • Option C: Article 19 (freedoms like speech, assembly, etc.) is NOT suspended under President's Rule. Article 19 is only suspended during a National Emergency declared on grounds of war or external aggression (Article 352), not during President's Rule.

  • Option D: The PRESIDENT does not personally make laws for the state. It is the PARLIAMENT that exercises the state legislature's powers. The President can also make ordinances when Parliament is not in session.

REMEMBER: President's Rule (Article 356) → State Assembly suspended (NOT automatically dissolved) + Parliament takes over state's law-making power. Article 19 is NOT suspended (that happens only in National Emergency for war/external aggression).

Why this was asked

Article 356 allows the President to impose direct central control over a state when constitutional machinery breaks down, transferring the state legislature's powers to Parliament.

The key trap is that the state assembly is suspended in animation, not automatically dissolved - it can potentially be revived later.

UPSC is testing whether students can distinguish between different types of emergencies and their specific effects on fundamental rights and legislative powers.

President's Rule (Article 356)

Indian Polity Article 356 President's Rule particular State

President's Rule (Article 356): Powers, Process & Constitutional Effects

Must know

Article 356 allows President to impose direct Central rule when state government cannot function according to Constitution

State Assembly goes into suspended animation (not automatically dissolved)

Parliament exercises state legislature's powers during President's Rule

Article 19 freedoms remain intact - only suspended during National Emergency

President's Rule under Article 356 is imposed when a state government cannot function according to the Constitution. This transfers executive and legislative powers from the state to the Centre, but does not affect fundamental rights.

Constitutional Changes During President's Rule

Aspect

Normal State

During President's Rule

Executive Power

Chief Minister & Council

Governor (acts for President)

Legislative Power

State Assembly

Parliament exercises state powers

State Assembly

Active & functional

Suspended animation (can be revived)

Fundamental Rights

Fully operative

Remain intact (Art 19 NOT suspended)

Law-Making

Assembly makes state laws

Parliament can make laws on State List subjects

Process of Imposing President's Rule

%%{init: {"flowchart": {"wrappingWidth": 460}}}%%
flowchart TD
  s1["`**Governor's Report**
Governor reports that state government cannot function per Constitution`"]
  s2["`**President's Proclamation**
President issues proclamation under **Article 356** based on Council of Ministers' advice`"]
  s3["`**Parliamentary Approval**
Both Houses must approve within **2 months**, then every **6 months**`"]
  s4["`**Maximum Duration**
Cannot exceed **3 years** total (SC judgment in *Bommai* case)`"]
  s1 --> s2
  s2 --> s3
  s3 --> s4

Key Constitutional Provisions

Parliament gains power to legislate on State List subjects for the affected state

President can make ordinances for the state when Parliament not in session

High Court jurisdiction continues unchanged during President's Rule

State's representation in Rajya Sabha remains unaffected

Exam traps

Trap: State Assembly is NOT automatically dissolved - it goes into suspended animation and can be revived

Trap: Article 19 freedoms are NOT suspended during President's Rule - only during National Emergency (Article 352)

Trap: President does not personally make laws - Parliament exercises the state legislature's powers

Trap: Don't confuse with National Emergency (Article 352) where fundamental rights can be suspended

Emergency Provisions Comparison

Indian Polity Article 19

Emergency Provisions: Types, Triggers & Effects on Fundamental Rights

Must know

Three types: National Emergency (Art 352), President's Rule (Art 356), Financial Emergency (Art 360)

Article 19 suspended only during National Emergency on grounds of war/external aggression

President's Rule does NOT suspend any fundamental rights including Article 19

Three Types of Emergency Provisions

Emergency Type

Article

Grounds

Effect on Fundamental Rights

National Emergency

Article 352

War, external aggression, armed rebellion

Article 19 can be suspended; Art 20-21 cannot be suspended

President's Rule

Article 356

Constitutional breakdown in state

No suspension of fundamental rights

Financial Emergency

Article 360

Financial stability/credit of India threatened

No suspension of fundamental rights

Article 19 Freedoms (Never Suspended in President's Rule)

Freedom of speech and expression - remains fully operative during President's Rule

Freedom of assembly - peaceful assembly rights continue in the state

Freedom of movement - right to move freely throughout India unaffected

Freedom of residence - right to reside anywhere in India continues

Exam traps

Major Trap: Article 19 is NEVER suspended during President's Rule - only during National Emergency

Trap: Don't confuse war/external aggression (suspends Art 19) with armed rebellion (cannot suspend Art 19 post-44th Amendment)

Trap: Financial Emergency also does NOT suspend fundamental rights

Parliament's Legislative Powers in President's Rule

Indian Polity powers of the Legislature Parliament

Parliament's Enhanced Powers During President's Rule

Must know

Parliament can legislate on State List subjects for the state under President's Rule

Laws made by Parliament for the state continue even after President's Rule ends (until repealed)

Good to know

President can make ordinances for the state when Parliament not in session

During President's Rule, the normal federal structure is temporarily altered. Parliament assumes the role of the state legislature and can make laws on subjects that normally fall under exclusive state jurisdiction.

Parliament's Legislative Scope

Legislative List

Normal Times

During President's Rule

Union List

Parliament can legislate

Parliament can legislate

State List

Only state legislature can legislate

Parliament can legislate for the affected state

Concurrent List

Both Parliament & state can legislate

Only Parliament legislates for the state

Residuary Powers

Parliament has residuary powers

Parliament retains residuary powers

Key Features of Parliamentary Control

State budget must be passed by Parliament during President's Rule

Money bills for the state can only be introduced in Lok Sabha

Laws continue to operate even after President's Rule ends until state legislature repeals them

Governor acts as President's agent to give assent to Parliament's laws for the state

Exam traps

Trap: Parliament exercises powers, not the President personally - President acts through Parliament

Trap: Parliament can make laws on State List subjects during President's Rule - this temporarily breaks federalism