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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:
- 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.
- 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.
- 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).
- 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