PRESIDENT’S RULE

NEWS: President’s Rule lifted in Manipur nearly a year after it was imposed

ABOUT

• President’s Rule, also referred to as State Emergency or Constitutional Emergency, is a provision under Article 356 of the Indian Constitution.
• It grants the central government the power to assume control of a state government when there is a breakdown of constitutional machinery

Constitutional Provisions

• Article 355: Obliges the Union to protect states against external aggression and internal disturbances.
• Article 356: Empowers the President to take over the functions of a state government if the constitutional machinery in the state fails.
• Article 357: Allows the President to legislate for the state by ordinance.
• Article 365: Addresses the consequences of non-compliance with central government directions

Grounds for Imposition

The grounds for imposing President’s Rule under Article 356 are:

• Breakdown of Constitutional Machinery: The President is satisfied that the government of a state cannot function in accordance with the Constitution.
• Failure to Implement Directions: If the state fails to comply with the directives issued by the central government, the President may conclude that the government in the state cannot function properly.

Parliamentary Approval:

• A proclamation of President’s Rule must be approved by both Houses of Parliament within two months.
• If President’s Rule is declared when the Lok Sabha is dissolved, or if it dissolves within two months without approving the proclamation, it remains valid until 30 days after the Lok Sabha reconvenes, provided the Rajya Sabha approves it during this period.
• Approving or extending the President’s Rule requires a simple majority in Parliament (majority of members present and voting).

Duration:

• President’s Rule lasts six months initially and can be extended up to 3 years with Parliament’s approval every six months.
• The 44th Amendment Act, 1978 allows extending President’s Rule beyond one year only if:
  • National Emergency is in force across India or in any part of the state.
  • The Election Commission certifies that elections to the state assembly cannot be held due to difficulties.
• For extension of President’s Rule beyond 3 years, constitutional amendment is required.
  • g., 67th Amendment Act, 1990 and 68th Amendment Act, 1991 was enacted to extend President’s Rule beyond 3 years in Punjab during Punjab insurgency

Impact of President’s Rule

• Centralized Governance: The President assumes executive powers, with the state being governed by the central government through the Governor.
• Suspension of State Legislature: The state legislature may be suspended or dissolved, with Parliament assuming the legislative role, including passing the state’s bills and budget.
• Executive Control: The state’s executive functions are managed by officers appointed by the President.
• Ordinances: The President can issue ordinances for the state, especially when Parliament is not in session.
• State Judiciary Unaffected: The functioning of the High Court remains unaffected during the imposition of President’s Rule.

Landmark Supreme Court Judgments

• R. Bommai vs Union of India (1994): The Supreme Court held that the President’s Rule is subject to judicial review. This means that the imposition of President’s Rule can be challenged in court if it is deemed arbitrary.
• Rameshwar Prasad Case (2006): The Court ruled that the recommendation for invoking President’s Rule must be based on objective criteria, not merely on the central government’s subjective opinion.

Key Recommendations

• Sarkaria Commission (1987): It recommended using Article 356 sparingly, only as a last resort when all alternatives fail to resolve a state’s constitutional breakdown.
• Punchhi Commission (2010): It proposed “localizing emergency provisions” under Articles 355 and 356, allowing Governor’s rule localised areas, like a district or parts of it for up to 3 months.
• National Commission to Review the Working of the Constitution (NCRWC, 2000): Article 356 should not be deleted, but it must be used sparingly and only as a remedy of the last resort.
  • President’s Rule may continue even without an emergency if elections cannot be held. Article 356 should be amended accordingly.
• Inter-State Council (Article 263): The Governor’s report recommending imposition of President’s rule should be detailed and explanatory.
  • The state at fault should receive a warning before President’s Rule is imposed.
  • A special majority should be required for ratifying the proposal to impose President’s Rule.