Overview and Constitutional Basis:
The State Emergency, also known as President’s Rule, is provided under Article 356 of the Constitution of India. It can be proclaimed when the President, on receipt of a report from the Governor or otherwise, is satisfied that the governance of a state cannot be carried on in accordance with the provisions of the Constitution. The primary objective of this provision is to maintain constitutional governance and prevent administrative breakdown within a state. This type of emergency reflects India’s quasi-federal nature, allowing the Union to intervene in state matters during crises while maintaining constitutional order and national stability.
Legal Provisions and Procedure:
Under Article 356(1), the President can assume to himself all or any of the functions of the state government and declare that the powers of the state legislature shall be exercisable by Parliament. The proclamation must be approved by both Houses of Parliament within two months, as per Article 356(3). Once approved, it remains in force for six months and can be extended up to three years with parliamentary approval under specific conditions, such as during a National Emergency (Article 352). During this period, the state executive is dismissed, and the Governor administers the state on behalf of the President, ensuring constitutional governance until normalcy is restored.
Significance and Limitations:
The State Emergency serves as a constitutional safeguard to uphold law and order, prevent political instability, and maintain governance in extraordinary situations. However, its misuse in the past led to criticism for undermining state autonomy and federal principles. The Supreme Court in S.R. Bommai v. Union of India (1994) laid down strict guidelines for its imposition, emphasizing that the President’s satisfaction is not absolute and is subject to judicial review. The judgment reaffirmed the federal structure and prevented arbitrary dismissals of state governments. Thus, the provision, while necessary, must be exercised cautiously and within constitutional limits.
Real-Time Example:
A real-time example is the imposition of President’s Rule in Jammu and Kashmir in 2018, following the breakdown of the coalition government. The state came under Governor’s Rule and subsequently President’s Rule under Article 356, as constitutional machinery failed. Similarly, Maharashtra in 2019 witnessed a brief imposition of President’s Rule when no party could form a government after the elections. These cases highlight how Article 356 is invoked to maintain governance during political deadlock or administrative failure.
Mnemonic to Remember:
Mnemonic: “GAPS – Governor, Approval, Period, Safeguard”
- G = Governor’s report triggers the process (Art. 356)
- A = Approval by Parliament within 2 months
- P = Period: 6 months, extendable up to 3 years
- S = Safeguard against misuse (S.R. Bommai case)
This mnemonic helps recall the key aspects of State Emergency — its source, procedure, duration, and constitutional checks to prevent misuse.
About lawgnan:
Understand the State Emergency (President’s Rule) under Article 356 of the Indian Constitution with clear explanations and case insights at Lawgnan.in. Explore how the President, based on the Governor’s report, can assume control of a state when constitutional machinery fails. Learn the approval process, time limits, and safeguards laid down by the S.R. Bommai judgment to prevent misuse. Lawgnan provides comprehensive, exam-oriented notes on constitutional emergencies, helping law students, UPSC aspirants, and professionals grasp how federal balance and governance are maintained during political or administrative crises in India.
