Article 152 of Indian Constitution

Article 152 of Indian Constitution: Definition

Article 152 Definition – Constitution Of India

In this Part, unless the context otherwise requires, the expression “State” 2 [does not include the State of Jammu and Kashmir.

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What is Article 152 of Indian Constitution

Article 152 of the Indian Constitution deals with the “Proclamation of President’s Rule in States.” It outlines the provisions and procedures for the President of India to issue a proclamation imposing President’s Rule in a state of India when the constitutional machinery in that state breaks down. Here are the key points covered in Article 152:

  1. Proclamation of President’s Rule: Article 152 empowers the President to issue a proclamation if they are satisfied that the government of a state cannot be carried on in accordance with the provisions of the Constitution.
  2. Recommendation of the Governor: Before issuing such a proclamation, the President must typically receive a report from the Governor of the state regarding the breakdown of the constitutional machinery. The Governor’s report serves as a preliminary step in the process.
  3. Cabinet’s Advice: The President’s decision to issue the proclamation of President’s Rule is based on the advice of the Union Council of Ministers (Cabinet). The Cabinet evaluates the Governor’s report and makes recommendations to the President.
  4. Duration: President’s Rule is not meant to be a permanent arrangement. It is a temporary measure to address the breakdown of the constitutional machinery in a state. The Constitution provides for a maximum period of six months for such rule initially.
  5. Approval of Parliament: The proclamation of President’s Rule must be approved by both Houses of Parliament (Lok Sabha and Rajya Sabha) within a specified period. If Parliament approves, President’s Rule can be extended beyond the initial six-month period.
  6. State Assembly’s Dissolution: During President’s Rule, the state legislative assembly is either suspended or dissolved, and the governance of the state is temporarily taken over by the President through the Governor.
  7. Governor’s Functions: The Governor continues to be the constitutional head of the state during President’s Rule, but the real powers of governance are exercised by the President through the Governor.

Constitution Of India Part 6 The States – Articles 152 to 237


Article 152 of Indian Constitution

Article 152 of Indian Constitution: Definition Article 152 Definition - Constitution Of India In this Part, unless the context otherwise requires, the expression “State” 2 [does not include the State of Jammu and Kashmir. PDF Download Article 152 of Indian Constitution, Constitution of India Article 152 What is Article 152 ...

Article 153 of Indian Constitution – Governors of States

Article 153 of Indian Constitution: Governors of States Article 153 Governors of States - Constitution Of India There shall be a Governor for each State: Provided that nothing in this article shall prevent the appointment of the same person as Governor for two or more States. PDF Download Article 153 ...

Article 154 of Indian Constitution – Executive Power of State

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Article 155 of Indian Constitution – Appointment of Governor

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Article 157 of Indian Constitution – Qualifications for appointment as Governor

Article 157 of Indian Constitution: Qualifications for appointment as Governor Article 157 Qualifications for appointment as Governor - Constitution Of India No person shall be eligible for appointment as Governor unless he is a citizen of India and has completed the age of thirty-five years. Constitution Of India Part 6 The ...

Article 156 of Indian Constitution – Term of office of Governor

Article 156 of Indian Constitution: Term of office of Governor Article 156 Term of office of Governor - Constitution Of India (1) The Governor shall hold office during the pleasure of the President. (2) The Governor may, by writing under his hand addressed to the President, resign his office. (3) ...

 

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