Presidents Rule

About

President's Rule, also known as State Emergency, is a provision under Article 356 of the Indian Constitution. It allows the central government to take direct control of a state government if the state is deemed unable to function according to constitutional provisions. This rule is imposed when there is a failure of constitutional machinery in a state.

Key Aspects of President's Rule:
  1. Imposition:
    • If the Governor of a state reports that the state government cannot function as per the Constitution.
    • If the President is satisfied that the governance of the state cannot be carried out in accordance with the provisions of the Constitution.
    • Failure of law and order, breakdown of a coalition government, or constitutional crisis.
  2. Effects of President's Rule:
    • The state government is dismissed.
    • The Governor administers the state on behalf of the President.
    • The Parliament assumes the power to make laws for the state.
    • The Legislative Assembly may be dissolved or kept under suspension.
  3. Duration:
    • Initially imposed for six months.
    • Can be extended up to three years, with parliamentary approval every six months.
    • Beyond one year, it requires special conditions (e.g., a national emergency or Election Commission certification).
  4. Revocation:
    • Can be revoked anytime by the President without parliamentary approval.
Misuse and Supreme Court Judgment:
  • Misuse: In the past, President’s Rule was misused by the central government to dismiss opposition-ruled state governments.
  • S.R. Bommai Case (1994): The Supreme Court ruled that President's Rule is subject to judicial review, and the central government must justify its imposition.
Examples of President's Rule in India:
  • First instance: Punjab (1951).
  • Most recent: Maharashtra (2019) (before Uddhav Thackeray formed the government).
  • Most prolonged: Jammu and Kashmir (2018-2019) (before it was made a Union Territory).
  • Maximum instances: Uttar Pradesh has seen President's Rule 10 times.
 
 
 
-- Daily News Section Compiled

    By Vishwas Nimbalkar
 
 
 
 
Posted by on 14th Feb 2025