Under which Article of the Constitution of India can the President proclaim a constitutional emergency, commonly known as President's Rule, in a State?

Difficulty: Easy

Correct Answer: Article 356

Explanation:


Introduction / Context:
This question focuses on emergency provisions in the Constitution of India, specifically the power of the President to impose President's Rule in a State. Constitutional emergency in a State is declared when the governance of the State cannot be carried on in accordance with the provisions of the Constitution. Knowing the correct Article number associated with this provision is a standard requirement in Indian polity for competitive exams.


Given Data / Assumptions:

    The question uses the phrase constitutional emergency and President's Rule in a State.
    We must identify the Article under which such an emergency can be proclaimed.
    The options given are Article 32, Article 349, Article 356, and Article 360.
    We assume that constitutional emergency here refers to failure of constitutional machinery in a State, not a national financial emergency or other type of emergency.


Concept / Approach:
The Constitution provides three types of emergencies: national emergency, State emergency or President's Rule, and financial emergency. National emergency is under Article 352. President's Rule, which deals with failure of constitutional machinery in a State, is under Article 356. Financial emergency is under Article 360. Article 32 deals with the right to constitutional remedies, and Article 349 is related to the special procedure for enactment of laws affecting certain languages. By recalling this classification, we can choose the correct Article for a constitutional emergency in a State.


Step-by-Step Solution:
Step 1: Recognise that the phrase constitutional emergency in a State usually refers to failure of constitutional machinery, where the State government is unable to function in accordance with the Constitution.Step 2: Recall that in such cases the President may assume certain functions of the State government and impose President's Rule, which is governed by Article 356.Step 3: Distinguish this from national emergency under Article 352 and financial emergency under Article 360, both of which are different in scope and effect.Step 4: Among the options, identify Article 356 as the only provision that specifically authorises the President to proclaim such an emergency in a State.


Verification / Alternative check:
Standard polity texts and exam guides explicitly state that Article 356 deals with failure of constitutional machinery in States. They also note that this provision has been invoked many times in Indian history to dismiss State governments and bring the State under President's Rule. Article 32 is always described as the heart and soul of the Constitution due to the right to constitutional remedies, not as an emergency provision. Article 349 is rarely discussed in the context of emergencies. Article 360 is associated with financial emergency at the Union level, not with State level constitutional breakdown. These clear references confirm that Article 356 is the correct answer.


Why Other Options Are Wrong:
Article 32 guarantees the right to move the Supreme Court for the enforcement of fundamental rights and is not an emergency provision, so it cannot be the basis for proclaiming President's Rule in a State.
Article 349 deals with special procedures for laws affecting the official language or regional languages and has no connection with emergency powers or State government failure.

Article 360 provides for the proclamation of financial emergency when the financial stability or credit of India is threatened, which is a different type of emergency and does not specifically relate to constitutional breakdown in a State, so this option is also incorrect.


Common Pitfalls:
Candidates sometimes confuse Article numbers for different emergencies, especially between Articles 356 and 360. Another common mistake is to mix up Article 32 with emergency powers because it is frequently called the heart and soul of the Constitution. To avoid these errors, it is helpful to memorise a simple mapping: Article 352 for national emergency, Article 356 for State emergency or President's Rule, and Article 360 for financial emergency. Remembering this trio prevents confusion in many polity questions.


Final Answer:
The President can proclaim a constitutional emergency, or President's Rule, in a State under Article 356 of the Constitution.

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