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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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Renewing President's Rule 1

Renewing President's Rule 1

(p.299) 49 Renewing President's Rule1

A.G. Noorani

Oxford University Press

This chapter discusses the situation in which president's rule was renewed in Uttar Pradesh in October 1996. There is one sure test for judging the integrity and soundness of Governor Romesh Bhandari's report and the government of India's decision to impose president's rule in UP on 17 October 1996. Were similar configurations of political parties to arise in the Lok Sabha after a general election, which of the imperfect options available could the president legitimately take considering that with regard to the appointment of the head of the government and the dissolution of the legislature 'the position of the governors is exactly the same as the position of the president'. In UP, the option of president's rule was constitutionally not available on 17 October either. President's rule was proclaimed in the State on 18 October 1995. It could not be extended beyond a year whether directly or deviously by revoking the old proclamation and issuing a new one.

Keywords:   president's rule, Indian Constitution, Governor Romesh Bhandari, constitutional crisis

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