Why in the News?
Home Minister is set to move a statutory resolution in the Rajya Sabha to extend President’s Rule in Manipur by another 6 months.
What is President’s Rule?
- Overview: It refers to the suspension of a state’s constitutional machinery, placing the state under direct control of the Union Government.
- It is also known as State Emergency or Constitutional Emergency.
- Constitutional Basis:
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- Article 355: Obligates the Union to ensure that governance in every state is in accordance with the Constitution.
- Article 356(1): Allows the President to assume control of a state’s executive if the Governor reports a constitutional breakdown or the President independently concludes so.
- Article 365: Deems a state’s failure to comply with Union directions as a failure of constitutional machinery.
Duration and Extension of President’s Rule:
- Initial duration: Valid for 6 months from the date of proclamation.
- Extensions: Can be extended every six months, subject to parliamentary approval, for a maximum of 3 years.
- Parliamentary Approval (Article 356(3)):
- Must be approved by both Houses of Parliament within 2 months.
- Requires a simple majority (members present and voting).
- Beyond 1 Year: Allowed only if:
- A National Emergency (Article 352) is in operation in the whole or part of the state.
- The Election Commission of India certifies that elections to the Legislative Assembly cannot be held.
- Beyond 3 Years: Requires a constitutional amendment (e.g., 67th and 68th Amendments extended President’s Rule in Punjab).
Implications of President’s Rule on a State:
- Executive Powers (Article 356(1)(a)):
- The President assumes functions of the state government via the Governor.
- Administration is carried out by the Governor, with support from the Chief Secretary and advisors.
- Legislative Powers (Article 356(1)(b)):
- The Legislative Assembly is either suspended or dissolved.
- Legislative powers are exercised by Parliament or delegated to the President.
- Financial Powers (Article 356(1)(c)):
- The President may authorize expenditure from the Consolidated Fund of the State pending Parliament’s approval (under Article 206 and Article 357).
Revocation:
- President’s Rule can be revoked at any time by the President under Article 356(2).
- No parliamentary approval is required for revocation.
Supreme Court Judgments related to it:
- S.R. Bommai v. Union of India (1994):
- President’s Rule is subject to judicial review.
- A floor test is the proper method to prove majority.
- The Governor’s report alone is not sufficient for justification.
- Sarbananda Sonowal v. Union of India (2005): Widened the scope of Article 355 for preventive action by the Union.
- Rameshwar Prasad v. Union of India (2006):
- Dissolution of Bihar Assembly was declared unconstitutional.
- Use of Article 356 to prevent political defections was struck down.
Key Reforms/Recommendations:
- Sarkaria Commission (1987): President’s Rule should be used only as a last resort after exploring all other options.
- Punchhi Commission (2010): Proposed localized emergency provisions for specific districts or regions instead of the entire state.
- National Commission to Review the Working of the Constitution (2000):
- Article 356 should remain but be used sparingly.
- Suggested amendments to allow its use without National Emergency if elections cannot be held.
| [UPSC 2018] If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then
Options: (a) the Assembly of the State is automatically dissolved. (b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament. (c) Article 19 is suspended in that State. (d) the President can make laws relating to that State. |
