Introduction and Constitutional Basis
The President’s Rule in States is provided under Article 356 of the Indian Constitution. It is also known as State Emergency or Constitutional Emergency. This provision empowers the President of India to assume control over the state government if it fails to function according to the provisions of the Constitution. The proclamation of President’s Rule can be made based on the Governor’s report or otherwise when the constitutional machinery of the state breaks down. During this period, the executive authority of the state is exercised by the President, and the Legislature of the state may be either dissolved or kept in suspended animation.
Effects and Duration
Once proclaimed, the President’s Rule leads to the suspension of the state council of ministers and the Governor administering the state on behalf of the President. Parliament assumes the power to make laws for that state under Article 357. Initially, the rule can continue for six months, but it may be extended with Parliamentary approval for a maximum period of three years, subject to specific conditions under 44th Amendment Act, 1978. The Proclamation must be approved by both Houses of Parliament within two months. Judicial review of the proclamation is permitted, ensuring that Article 356 is not misused for political purposes.
Constitutional Safeguards and Criticism
The framers of the Constitution intended Article 356 to be used only as a last resort. However, it has often been criticized for political misuse, especially by central governments to dismiss opposition-ruled states. The S.R. Bommai v. Union of India (1994) case became a landmark judgment, as the Supreme Court restricted arbitrary use of Article 356. The Court ruled that the imposition of President’s Rule is subject to judicial review, and the majority of the government must be tested on the floor of the assembly. This decision strengthened the federal structure and the spirit of democracy in India.
Real-Time Example
A notable instance of President’s Rule occurred in Maharashtra in 2019, when no political party was able to form a government after the assembly elections. The President imposed Article 356 on November 12, 2019, upon the Governor’s recommendation. However, once the Shiv Sena, NCP, and Congress alliance came together to prove majority support, the President’s Rule was revoked on November 23, 2019. This case illustrated the use of Article 356 during a political deadlock and the importance of forming stable governments in states.
Mnemonic to Remember – “PRIDE”
P – President’s Proclamation under Article 356
R – Report of the Governor or Constitutional Breakdown
I – Imposed for 6 months (extendable up to 3 years)
D – Dissolution or Suspension of State Legislature
E – Examined by Parliament and Judiciary
The mnemonic “PRIDE” helps recall key features — President, Report, Imposition, Dissolution, and Examination — showing that President’s Rule, though exceptional, must uphold the PRIDE of constitutional governance.
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Explore the detailed concept of President’s Rule in India under Article 356 on Lawgnan.in. Understand how the President assumes control over a state when its constitutional machinery fails. Learn about the effects, duration, safeguards, and judicial interpretations, including the landmark S.R. Bommai v. Union of India (1994) case that curbed misuse and strengthened federal democracy. This article is ideal for law students, UPSC aspirants, and judiciary exam candidates seeking clarity on State Emergency provisions, constitutional checks, and real-world examples. Strengthen your constitutional knowledge today with Lawgnan’s in-depth, easy-to-understand legal insights.
