President’s Rule: Article 356 Explained

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. 

President’s Rule in India: Constitutional Provisions and Implementation

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.
    •  Parliament passes the state bills and budgets
  • 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

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.

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