The President can declare emergency on ground of break down of constitutional machinery in the State...........

Indian Polity (Easy) Union - Executive, Legisture

The President can declare emergency on ground of break down of constitutional machinery in the States:

Only on the receipt of report from the Governor of the State to this effect

Even without receipt of a report from the Governor if he is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution

If the Council of Ministers of the State recommends to the President

If the Speaker of the State Legislative Assembly recommends to the President

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Explanation:

Article 256 talks about the failure of constitutional machinery in state also known as the President’s rule. If the president on Governor’s report or otherwise is satisfied that the situation has arisen that the government can’t be carried in accordance with the constitutional provisions then, he may issue State emergency. President can declare emergency either by the report of Governor or he himself is satisfied that the situation is such that the emergency has to be imposed.As per 44th Amendment the legality of President’s rule could be challenged. Hence option 2nd is correct.