1.

According to the constitution, if Governor reports to the president or president gets this information through dependable source that state government is not running according to the constitution, he can announce President’s rule in that state. After this type of announcement, President can dismiss Cabinet of that state and can dissolve Legislative Assembly or suspend it. Under the President’s rule, Governor is the real head of the state, meaning thereby, he acts as an agent of central government. In the event of the failure of the constitutional machinery, all the executive powers of the state rests with the President and Legislative powers goes to Parliament.(a) How the Governor of state is appointed?(b) How a declaration of breakdown of constitutional machinery affects the state government?

Answer»

(a) The Governor of state is appointed by the President for the period of five years.

(b) In case of breakdown of constitutional machinery in the state, the President with the consent of Governor can declare constitutional emergency in the state. It results in dissolution or suspension of Legislative Assembly of that state. The Council of Ministers of the state is also dismissed. President takes the control of state administration in his own hands. It means that state’s administration is run by central government for short time.

Practically, the President transfers actual powers to Governor to run state administration. All powers of Legislature temporarily goes to central government.



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