Type: Prelims Only

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:

• • 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.