Why in the News?

Despite the imposition of President’s Rule in Manipur, the situation on the ground remains volatile, with fresh instances of violence being reported.

What is President’s Rule?

• About: It is the situation where the central government takes over a state’s administration due to the failure of constitutional machinery, as per Article 356 of the Indian Constitution.
• Historical Origins:
  • Article 356 draws from Section 93 of the Government of India Act, 1935, where the British Governor could take over provincial governance.
  • First used in 1951 in Punjab and later in 1959 to dismiss Kerala’s elected communist government under Jawaharlal Nehru.
  • Indira Gandhi’s tenure saw frequent imposition of President’s Rule, often to topple opposition-ruled states, raising concerns over political misuse.
• Constitutional Articles involved:
  • Article 355 mandates the Union to protect states against external aggression and internal disturbance.
  • Article 356 empowers the President to impose President’s Rule when a state’s constitutional machinery fails.
  • Article 357 allows Parliament to make laws on behalf of the state during President’s Rule.
  • Article 365 provides that if a state fails to follow Union directions, it can be deemed as having a breakdown of constitutional governance.
• Grounds for Imposition:
  • Under Article 356, if the President is satisfied, based on the Governor’s report or otherwise, that the state cannot function according to constitutional provisions.
  • Under Article 365, if a state does not comply with Union directives, it can trigger the presumption of constitutional breakdown.
• Approval and Duration:
  • The proclamation must be approved by both Houses of Parliament within 2 months.
  • Once approved, it remains in force for 6 months and can be extended in 6-month intervals for up to 3 years.
• Revocation of Rule:
  • President’s Rule can be revoked at any time by a new proclamation by the President.
  • No parliamentary approval is required for revocation.

Consequences of President’s Rule:

• Effect on State Executive:
  • The CM and the Council of Ministers are dismissed immediately.
  • The Governor administers the state, often with the help of civil servants or advisors appointed by the President.
• Effect on State Legislature:
  • The state assembly may be dissolved or suspended.
  • The Parliament assumes the power to legislate on state subjects and to pass the state’s budget.
  • During recess, the President can authorize expenditure from the state’s Consolidated Fund.
  • All laws passed under President’s Rule remain valid until explicitly repealed by the newly elected assembly.
• Effect on State Judiciary:
  • The High Court’s powers and jurisdiction remain unaffected.
  • The President cannot assume judicial functions or alter the constitutional status of the judiciary.
• Misuse and Political Abuse:
  • Over the decades, Article 356 was used as a political tool by successive central governments to undermine state autonomy.
  • It became a controversial provision, criticized for damaging federalism and violating democratic norms.

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