Constitutional Law - President's Rule (Article 356)

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Questions and Answers

Which of the following statements accurately reflects the SC's position on the Memorandum of Procedure (MoP) for judicial appointments?

The SC has consistently argued for a MoP that gives absolute control over judicial appointments to the judiciary.

The SC advocates for complete removal of the executive's role in judicial appointments, deeming it unnecessary.

The SC has acknowledged the need for a more balanced MoP, but the precise formulation remains a point of contention. (correct)

The SC believes that the MoP, as it currently exists, is entirely satisfactory and requires no modification.

Under Article 143, when can the President seek an opinion from the Supreme Court?

On any question of law or fact that is of public importance. (correct)

Solely on matters pertaining to the interpretation of pre-constitutional treaties or agreements.

On any matter of law or fact, regardless of its importance to the public domain.

Exclusively on matters related to the interpretation of the Constitution.

Which of the following statements accurately differentiates the writ jurisdiction of the High Courts (HCs) and the Supreme Court (SC)?

The SC's writ jurisdiction is broader than HCs because it can issue writs against both the government and individuals.

The SC's writ jurisdiction is limited to enforcing fundamental rights, while HCs have a broader jurisdiction. (correct)

HCs have no writ jurisdiction, while the SC has exclusive jurisdiction over all writ petitions.

The SC and HCs have identical writ jurisdiction, with no distinction between the two.

Which of the following statements accurately describes the "collegium system" of judicial appointments?

The collegium system is a judicial innovation, not explicitly mentioned in the Constitution, and primarily involves the judiciary in appointments. (B) Signup and view all the answers

Which of the following statements accurately reflects a key difference between the original Article 124 of the Constitution and the current practice of judicial appointments?

The original Article 124 mandated the use of "concurrence" instead of "consultation" when referring to the executive's role. (B) Signup and view all the answers

What is the legal basis for an appeal to the Supreme Court on a criminal matter?

An appeal can be filed if the High Court certifies that the case is fit for appeal to the Supreme Court. (D) Signup and view all the answers

What is the key argument against the "collegium system" for judicial appointments?

It lacks transparency and objective criteria, operating in a secretive manner. (D) Signup and view all the answers

What is the key argument in favor of the "collegium system" for judicial appointments?

It ensures judicial independence by giving the judiciary a primary role in appointments. (C) Signup and view all the answers

What is the legal basis for the Supreme Court's jurisdiction over disputes arising out of elections for the President and Vice-President?

This jurisdiction is explicitly outlined in the Constitution and is exclusive to the Supreme Court. (D) Signup and view all the answers

What was the apex court's stance on the existing Memorandum of Procedure (MoP) in December 2015?

The apex court maintained that the MoP was appropriate but suggested further consultation with the CJI to enhance its effectiveness. (A) Signup and view all the answers

Under what condition can the President's Rule be extended beyond one year?

When the Election Commission certifies that elections cannot be held due to difficulties. (D) Signup and view all the answers

What is the maximum duration for which the President's Rule can be imposed?

Three years (B) Signup and view all the answers

What was the significant contribution of the SR Bommai case to the President's Rule?

Introduced the concept of a floor test and the judicial review of the proclamation. (C) Signup and view all the answers

What is the primary criticism raised by the Supreme Court regarding the frequent use of Article 356?

It violates the principle of federalism and the autonomy of states. (A) Signup and view all the answers

Which of these situations is considered a proper use of the President's Rule?

When the state government loses majority support in the assembly and refuses to resign. (C) Signup and view all the answers

What is the Supreme Court's position on the dissolution of the state legislative assembly before the parliamentary approval of the President's Rule?

The assembly should be dissolved only after parliamentary approval of the President's Rule. (A) Signup and view all the answers

Based on the Sarkaria Commission's recommendations, what is considered an improper use of the President's Rule?

Dismissal of the state government based on allegations of maladministration and internal disturbances. (D) Signup and view all the answers

What is the Supreme Court's stance on the use of the President's Rule?

The President's Rule should be used cautiously and only as a last resort. (A) Signup and view all the answers

What was the key outcome of the 'Second Judges Case' (Supreme Court AOR association vs. UOI 1993)?

The court decided that the 'collegium' system, which was previously a suggestion, became the established method for appointing judges. (B) Signup and view all the answers

What is the primary function of the judiciary in India?

To interpret the Constitution and adjudicate disputes between different entities, including the state, citizens, and institutions. (D) Signup and view all the answers

What is the significance of the integrated judiciary in India, as opposed to a federal judiciary system?

The integrated judiciary simplifies the implementation of laws and promotes national integration by enforcing uniformity in legal practices across different states. (C) Signup and view all the answers

Which of these is NOT a criteria to become a judge in the Supreme Court of India, as per Article 124?

Having practiced as an advocate in a High Court for at least 5 years. (C) Signup and view all the answers

In the context of the 'First Judges Case', what was the significant outcome related to the term 'consultation' in Article 124?

The court clarified that 'consultation' implied an exchange of opinions, not necessarily agreement, allowing the President to reject the CJI's opinion for valid reasons. (B) Signup and view all the answers

According to the content provided, what was the key impact of the 'Fourth Judges Case'?

The court overturned the 99th Constitutional Amendment Act and the National Judicial Appointments Commission Act, effectively reinstating the Collegium system. (B) Signup and view all the answers

What is the primary objective of the proposed All India Judicial Service (AIJS)?

To ensure that the recruitment process for judges in the subordinate judiciary is standardized and transparent across different states, leading to a more efficient and equitable system. (C) Signup and view all the answers

What is the primary purpose of the 99th Constitutional Amendment Act (CAA) of 2014 related to judicial appointments?

To streamline the judiciary by removing the collegium system and introducing a more transparent system, but the act was later struck down. (A) Signup and view all the answers

What is the basis for the President's Rule being imposed on a state government?

The President can impose President's Rule when the President believes the State government can't function effectively and in accordance with the Constitution. (A) Signup and view all the answers

What is the maximum duration for President's Rule in a state, according to the content?

The President's Rule can continue for a maximum of one year in normal cases. (C) Signup and view all the answers

What is the impact of President's Rule on the fundamental rights of citizens in a state?

President's Rule has no impact on fundamental rights of citizens in the state. (D) Signup and view all the answers

What is the key difference between the judiciary system in India and the judiciary system in the United States?

The Indian judiciary system is integrated, while the United States has a federal judiciary system with separate courts for federal and state laws. (A) Signup and view all the answers

Which of these statements accurately reflects the Supreme Court's ruling on the dissolution of the State Legislative Assembly in the case of Rameswar Prasad vs. Union of India?

The Supreme Court ruled that the dissolution of the State Legislative Assembly based on unsubstantiated allegations of 'horse trading' was malafide and unjustified, requiring a review of the decision. (C) Signup and view all the answers

In the context of judicial appointments, what is the main criticism of the AIJS from its opponents?

The AIJS dilutes the federal structure of the judiciary by creating a single national recruitment process for judges. (A) Signup and view all the answers

Which of these options accurately describes the term 'collegium' in the context of judicial appointments in India?

An informal, non-statutory body, headed by the CJI, which recommends judges for the Supreme Court and High Courts. (B) Signup and view all the answers

Study Notes

President's Rule (Article 356)

Implied in Article 356, the President's Rule is a judicially contested power affecting federalism.
The President's Rule is imposed for a maximum of one year initially, with potential extensions.
Extensions beyond one year require a national emergency and the Election Commission's confirmation about election impossibilities.
No extension beyond three years is permitted, even if the approval is sought every six months.
The Supreme Court has emphasized the sparing use of this exceptional power.
Proper uses of the President's Rule include hung assemblies following elections, refusal of a majority party to form a government, and where a government actively undermines constitutional authority.
Improper use includes dismissing/resignation of ministers lacking majority support, Governors imposing the rule without assessing forming a government, and allegations of poor leadership that is unjustified.
The Supreme Court promotes prior warning to states before imposing the President's Rule.
The SR Bommai Case: The Supreme Court introduced the concept of the floor test, made the proclamations subject to judicial review, and can be struck down under malafide. The core of this understanding is the upholding of secularism, a crucial aspect of the Indian constitutional structure. The Court further clarified that legislative assemblies cannot be dissolved without Parliament's approval during a President's Rule proclamation.
Rameswar Prasad vs. Union of India: The case involved malafide dissolution of a State Legislative Assembly and unwarranted accusations of horse trading. A court can order the reinstatement of a dissolved Assembly.
Impact on States: The elected state government is suspended. This power does not affect fundamental rights. The President's Rule is deemed a last resort by the Constitution.

Indian Judiciary

Structure: India has an integrated judicial system with the Supreme Court, High Courts, and subordinate courts.
Role: The Indian judiciary adjudicates disputes between citizens, the state, and other institutions. It safeguards fundamental rights, interprets laws, and upholds the federal equilibrium.
Functions: The judiciary involves interpreting and executing laws passed by Parliament, as well as by state legislatures.
Contrast: The judiciary's structure differs from the American federal system, where a distinct judiciary exists for the federal government and states.

Judge Qualifications

Supreme Court (Article 124): A citizen of India, judge of a High Court for five years prior, a practising advocate in a High Court for ten years, and a distinguished jurist deemed fit by the President.
High Court (Article 217): A judicial officer in India for ten years, practising advocate in a High Court for ten years.

Judge Appointments

Historical Cases:
- SP Gupta vs. UOI: The court ruled about consultations for appointments without requiring concurrence.
- Supreme Court Advocates on Record Association vs. UOI: Established the collegium system.
- Third Judges Case: Further defined the collegium's composition. It's headed by the CJI with other senior judges as members.
National Judicial Appointments Commission (NJAC): The 99th Constitutional Amendment Act created the NJAC. It was repealed by the Supreme Court.

All India Judicial Service (AIJS)

The AIJS is a proposed nationwide recruitment program for district judges, modelling on UPSC.
Potential Benefits: Standardized recruitment; Increased talent pool; professional training; stronger subordinate judicial structure; faster recruitment to address pending cases.
Potential Challenges: Potential dilution of the federal structure; issues of representation in the lower-court system.

Supreme Court Jurisdiction

Writ Jurisdiction (Article 32): The Supreme Court enforces fundamental rights. The Supreme Court's writ jurisdiction is limited to fundamental rights, in contrast to High Courts.
Original Jurisdiction (Article 131): Disputes involving the government of India and states, between states, and between the government of India and states.
Advisory Jurisdiction (Article 143): A non-binding advisory role for the President on questions of law or fact. The minimum bench size is 5 judges.
Appellate Jurisdiction:
- Constitutional Matters (Article 132): Appeals are filed based on High Court certifications about constitutional interpretations involved.
- Civil Matters (Article 133): Appeals based on High Court certification of substantial questions of law in civil matters.
- Criminal Matters (Article 134): Appeals based on High Court certification concerning criminal convictions.
- Special Leave Petition (Article 136): Supreme Court can review judgements from any trial court, except military courts and tribunals.
Disputes relating to the President and Vice-President elections are exclusively under the jurisdiction of the Supreme Court.

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Description

This quiz explores the intricacies of President's Rule as defined in Article 356 of the Indian Constitution. It covers its application, limitations, and the judicial perspectives surrounding its implementation. Test your understanding of how this constitutional provision interacts with federalism and political governance.