Introduction
Article 356 of the Indian Constitution deals with the imposition of President’s Rule in a state. It grants the President of India the authority to assume control of the state’s administration if the state government fails to function according to the provisions of the Constitution.
| EMERGENCY PROVISIONS (Part XVIII: Articles 352 – 360)
Important Articles
- Article 352: Emergency due to war, external aggression or armed rebellion (National Emergency).
- Article 356: Emergency due to the failure of the constitutional machinery in the states (President’s Rule).
- Article 360: Financial emergency due to threat to financial stability or credit of India.
|
President’s Rule in India: Constitutional Provisions and Implementation
| Aspect |
Description |
| Grounds of Declaration |
- Also known as State Emergency.
- Article 355: Duty of Centre to protect every state against external aggression and internal disturbance and to ensure that the government of every state is carried on in accordance with the provisions of the Constitution.
- Article 356: President to proclaim, if satisfied with/without Governor’s Report that state government cannot be carried on in accordance with the provisions of the Constitution.
- Article 365: If a state fails to comply with any direction from the Centre.
|
| Parliamentary Approval |
- Simple majority in both Houses.
- Must be approved by both the houses within two months of such issues.
- If the proclamation of emergency is issued at a time when the LS has been dissolved or the dissolution of the LS takes place during the period of 2 month without approving the proclamation, the proclamation survives until 30 days from the first sitting of the LS after its reconstitution, provided the RS has in the meantime approved it.
|
| Duration |
- 6 months, however, it can be extended for a maximum period of 3 years with parliamentary approval every 6 months with simple majority.
- 44th Amendment: Beyond one year, the president’s rule can be extended by 6 months a time only if following conditions are met:
- If a national emergency is in operation in whole India or any part of the state.
- If the Election Commission certifies that elections cannot be held due to difficulties.
|
| Judicial Review |
- 38th Amendment: President’s satisfaction under Article 356 made immune from judicial review.
- 44th Amendment: Above provision was deleted.
|
| Revocation |
- May be revoked by the President at any time by a subsequent proclamation.
- Such a proclamation does not require parliamentary approval.
|
| Imposition |
- First, the President’s Rule was imposed in Punjab in 1951.
|
| Dr. B.R Ambedkar hoped that the drastic power conferred by Article 356 would remain a ‘dead-letter’ and would be used only as a measure of last resort. |
Impact of President’s Rule on State Governance: Powers and Functions [Upsc 2017]
- The President acquires the following extraordinary powers.
- President can take up the functions of the state government and powers vested in the governor or any other executive authority.
- He can declare that powers of the state legislature are to be exercised by the parliament.
- He can take all necessary steps including the suspension of constitutional provisions relating to anybody or any authority in the state.
- Impact of President Rule on State Legislature
- Dismissal of CoM: He can dismiss the Council of Ministers headed by the Chief Minister.
- The state administration is carried on by the governor with help of the Chief Secretary on behalf of the President.
- Therefore, This declaration is commonly referred to as the imposition of ‘President’s Rule’ in a state.
- Suspension or Dissolution of State Legislative Assembly: Can be done by President.
- The President can either suspend or dissolve the state legislative assembly.
- Powers and Function of Parliament: When the state legislature is thus suspended or dissolved,
- Parliament can entrust the power of legislation for the state to the President or any other designated authority chosen by the President for this purpose.
- The Parliament, or if delegated, the President or another specified authority, can make laws granting powers and assigning responsibilities to the central government and its authorities.
- The laws made by the parliament or president or any other authority continue to operate even after the President’s Rule.
- The President can approve spending from the state consolidated fund while the Lok Sabha is not in session, awaiting Parliament’s sanction.
- When the Parliament is not in session, the President can promulgate ordinances for the governance of the state.
- Power of High Court: The Constitutional position, status, powers and functions of the State High Court remain the same even during the President’s Rule.
Comparing National, State, and Financial Emergencies: Approval, Revocation, and Duration
| Article |
Approval |
Majority |
Revocation |
Period/Periodic Approval |
| 352 |
Within one month |
Special |
- By President (Lok Sabha only).
- No Parliamentary approval required.
|
Unlimited/ Periodic approval Every 6 months with special majority |
| 356 |
Within two months |
Simple |
- By President.
- No Parliamentary approval required.
|
Maximum 3 years /Periodic approval every 6 months with a simple majority. |
| 360 |
Within two months |
Simple |
- By President.
- No Parliamentary approval required.
|
Unlimited (Repeated approval not required). |
Conclusion
- President’s Rule under Article 356 of the Indian Constitution provides for the temporary suspension of state governance in the event of a breakdown of the constitutional machinery.
- The Governor, acting on behalf of the President, carries out state administration with the assistance of advisors or the chief secretary. Parliament assumes legislative authority for the state, and the President may authorize expenditure and issue ordinances.
- While intended to restore order and governance, the imposition of the President’s Rule is subject to judicial review and is typically considered a measure of last resort.
March 26, 2024
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