Prime Minister of India in Kannada for UPSC | ಭಾರತದ ಪ್ರಧಾನ ಮಂತ್ರಿ

What is President’s Rule?

President’s Rule refers to a situation where the Central Government takes over the administration of a state because the state government fails to function as per the Constitution. This is also called:

• State Emergency
• Constitutional Emergency

It is imposed under Article 356 of the Constitution.

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1. Grounds of Imposition

(i) Article 355 – Duty of the Centre

• Article 355 places a duty on the Central Government to ensure that the government of every state functions as per the Constitution.
• If a state fails to follow constitutional provisions, the Centre can intervene under Article 356.

(ii) Popular Names for Article 356

• When Article 356 is imposed, it is commonly known as:
  • President’s Rule
  • State Emergency
  • Constitutional Emergency

(iii)Article 356 – Direct Grounds for President’s Rule

This article allows the President to impose President’s Rule if he believes that the state government cannot function as per the Constitution.

👉 How does the President act under Article 356?

• On the Governor’s Report:

  • If the Governor of a state submits a report stating that constitutional governance has failed, the President may impose President’s Rule.
  • Example: If no party secures a majority after elections and no coalition is possible, the Governor reports this to the President.

• On His Own Discretion (Without Governor’s Report):

  • The President can impose President’s Rule even without a Governor’s report.
  • Example: If there is a breakdown of law and order, internal subversion, or other severe issues, the President may act on his own judgment.

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(iv). Article 365 – Indirect Grounds for President’s Rule

Article 365 serves as an indirect way to justify President’s Rule.

👉 What does Article 365 say?

• If a state government fails to comply with the directions given by the Centre, the President can assume that the state government is not functioning as per the Constitution.
• Based on this assumption, he can impose President’s Rule under Article 356.

👉 Example of Article 365 in action:

• The Central Government issues a directive to the state (under Article 256 or 257).
• If the state government refuses to follow the directive, the Centre considers this as a failure of constitutional machinery.
• The President then imposes President’s Rule under Article 356, citing Article 365 as justification.

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2. Parliamentary Approval & Duration

(i) Approval within Two Months

• A proclamation imposing President’s Rule must be approved by both Houses of Parliament (Lok Sabha & Rajya Sabha) within two months.

(ii) Special Case: If Lok Sabha is Dissolved

• If Lok Sabha is dissolved before approval, the proclamation can continue until:
  • 30 days from the first sitting of the new Lok Sabha (after elections), if Rajya Sabha has approved it in the meantime.

(iii) Maximum Duration of President’s Rule

• Initially imposed for six months.
• Can be extended up to three years with Parliament’s approval every six months.

(iv) Special Case: If Lok Sabha is Dissolved During Extension

• If Lok Sabha is dissolved before the extension is approved, the rule can continue until:
  • 30 days from the first sitting of the newly elected Lok Sabha, provided Rajya Sabha has approved it.

(v) Approval Process

• Every resolution for imposing or continuing President’s Rule requires only a simple majority in both Houses of Parliament.
  • Simple Majority = Majority of members present and voting.

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3. Restrictions on Extension Beyond One Year.

The 44th Amendment Act of 1978 introduced limitations on the continuation of President’s Rule beyond one year to prevent the misuse of Article 356.

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Normal Duration of President’s Rule

• Once imposed, President’s Rule initially lasts for six months.
• It can be extended up to a maximum of three years, but with parliamentary approval every six months.

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Restrictions Introduced by the 44th Amendment Act (1978)

To extend President’s Rule beyond one year, two mandatory conditions must be fulfilled:

1️⃣ A National Emergency (Article 352) must be in force

• The whole country or the concerned state must be under a National Emergency (due to war, external aggression, or armed rebellion).
• If no National Emergency is in force, President’s Rule cannot exceed one year.

2️⃣ The Election Commission must certify that elections cannot be held

• The Election Commission must officially declare that due to special circumstances, conducting state assembly elections is not possible.
• Examples of such circumstances:
  • Severe law and order problems (e.g., insurgency, widespread violence).
  • Natural calamities (e.g., floods, earthquakes).
  • Any other crisis preventing free and fair elections.

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Why Were These Restrictions Introduced?

Before the 44th Amendment, the Central Government could extend President’s Rule indefinitely, leading to concerns about misuse.
For example:

• In Kerala (1959) and Punjab (1951, 1953, 1956, 1968, 1971, 1980), President’s Rule was imposed for extended periods.
• The Congress government often used Article 356 to dismiss opposition-led state governments.

To prevent such undemocratic extensions, the 44th Amendment ensured that:
✅ President’s Rule cannot exceed one year unless under exceptional circumstances.
✅ It compels the Centre to hold elections in the state as soon as possible.

4. How is President’s Rule Removed?

• The President can cancel (revoke ) President’s Rule at any time by issuing another order.
• This does not require Parliament’s approval.

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What Happens When President’s Rule is Imposed? (Consequences)

Once President’s Rule is imposed:

✅ The President gets full control over the state government. He can:

1. Take over the powers of the Governor or any other state authority.
2. Give Parliament the power to make state laws.
3. Suspend or change any state-level constitutional provisions.

✅ State Government is dismissed

• The Chief Minister and Council of Ministers are removed.
• The Governor runs the state administration (on behalf of the President).
• The Chief Secretary or special advisors help in governing.

✅ State Legislative Assembly (Vidhan Sabha) is either:

• Suspended (kept inactive) OR
• Dissolved (completely removed).

✅ Parliament takes over state law-making powers

• State bills and budgets are passed by Parliament.
• Parliament can delegate law-making power to:
  • The President OR
  • Any authority chosen by the President.

✅ Financial and Administrative Control

• The President can authorize state expenses when Lok Sabha is not in session.
• The President can pass ordinances (temporary laws) for the state.

✅ Laws made during President’s Rule remain in force

• Even after the Rule ends, laws passed by the Parliament, President, or other authorities remain valid until changed by the state legislature.

✅ Judiciary Remains Independent

• The President cannot take over High Court powers or interfere in its functioning.

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Summary

• President’s Rule is imposed when a state fails to function as per the Constitution (Article 356 or 365).
• Needs Parliamentary approval within 2 months.
• Can last up to 3 years, but after 1 year, strict conditions apply.
• State government is removed, and Parliament takes over its powers.
• State legislature is suspended/dissolved.
• The High Court remains unaffected.

Use of Article 356 (President’s Rule)

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How Often Has Article 356 Been Used?

• Since 1950, President’s Rule has been imposed more than 125 times (about twice a year on average).
• Many times, it has been misused for political reasons, which makes it one of the most controversial provisions of the Constitution.

First Use of President’s Rule

• Punjab (1951) was the first state where it was imposed.
• Since then, almost every state has experienced President’s Rule at least once.

Notable Misuses of President’s Rule

1. 1977: After the Emergency, when the Janata Party came to power, it dismissed 9 Congress-ruled state governments, claiming they no longer represented the people's will.
2. 1980: When Congress returned to power, it dismissed 9 Janata Party-ruled states for the same reason.
3. 1992: Congress imposed President’s Rule in three BJP-ruled states (Madhya Pradesh, Himachal Pradesh, Rajasthan), citing that they were not implementing the Centre’s ban on religious organizations.
4. Other Cases: President’s Rule in Nagaland (1988), Karnataka (1989), and Meghalaya (1991) was not upheld by the Supreme Court.

B.R. Ambedkar’s Opinion on Article 356

• Dr. B.R. Ambedkar (Constitution’s chief architect) initially thought Article 356 would remain a "dead letter", meaning it would rarely be used.
• He hoped the President would only use it as a last resort and with proper caution.
• However, history has shown that it became a powerful political weapon instead of staying inactive.

Judicial Review of President’s Rule

Initially, the President’s decision was final and could not be challenged in court (38th Amendment, 1975).

• But the 44th Amendment (1978) removed this protection, making the President’s decision subject to judicial review.

Key Supreme Court Rulings (S.R. Bommai Case, 1994)

In S.R. Bommai vs. Union of India (1994), the Supreme Court restricted the misuse of Article 356 by setting these key rules:

1. Judicial Review: Courts can review if President’s Rule was imposed unfairly.
2. Valid Reasons Required: The President must have strong evidence to justify imposing President’s Rule. If based on wrong reasons, courts can strike it down.
3. Burden on Centre: The Central Government must prove that President’s Rule was necessary.
4. Court’s Role: The court won’t check if the evidence is strong enough, but it will check if it is relevant to the decision.
5. State Government Restoration: If the President’s Rule is declared unconstitutional, courts can reinstate the dismissed government and revive the state legislature.
6. Assembly Dissolution Only After Parliament’s Approval:
   • Until Parliament approves, the state assembly can only be suspended, not dissolved.
   • If Parliament rejects the Rule, the state assembly becomes active again.
7. Secularism is a Basic Feature: If a state government follows anti-secular policies, President’s Rule can be imposed.
8. Floor Test Required: If a state government is accused of losing the majority, this must be tested on the floor of the assembly, not decided arbitrarily.
9. New Central Government Cannot Dismiss Opposing State Governments:
   • A new party at the Centre cannot remove state governments of other parties without valid reasons.
10. Article 356 is an Emergency Power: It should be used rarely and only in exceptional situations.

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Final Summary

• President’s Rule has been misused many times for political reasons.
• Courts now have the power to review and cancel misuse of Article 356.
• S.R. Bommai Case (1994) put strict limits on the use of President’s Rule.
• The Central Government cannot misuse this provision to dismiss opposition-ruled states without valid reasons.

Proper and Improper Use of Article 356 (President’s Rule)

Based on the Sarkaria Commission (1988) report and the Bommai case (1994) ruling, the Supreme Court clarified when the use of Article 356 is justified (proper) and when it is a misuse (improper).

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✅ Proper Use of President’s Rule

1. Hung Assembly:

   • If no party wins a majority in the state assembly after elections, making government formation impossible.

2. Refusal to Form Government:

   • If the party with a majority declines to form a government, and the governor cannot find an alternative coalition.

3. Government Resigns Without Alternative:

   • If the ruling party resigns after losing majority support in the assembly and no other party is willing or able to form a government.

4. Defiance of Central Government:

   • If the state government ignores constitutional directives from the Centre.

5. Internal Subversion:

   • If the state government acts against the Constitution (e.g., promotes unconstitutional activities or incites violence).

6. Physical Breakdown of Governance:

   • If the government refuses to function, leading to law and order failure or threats to state security.

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❌ Improper Use of President’s Rule

1. Governor Recommends Dismissal Without Exploring Alternatives:

   • If the ruling party loses majority support, the governor must first explore other possible coalitions before recommending President’s Rule.

2. Governor’s Personal Assessment Without Floor Test:

   • The Governor cannot decide whether the government has lost majority without a floor test in the assembly.

3. Misuse Based on Lok Sabha Election Results:

   • If the ruling party in the state loses a general election at the Centre (e.g., 1977 & 1980), it does not mean they have lost the mandate in the state.

4. Mild Internal Disturbances:

   • President’s Rule cannot be imposed for minor law and order issues unless they threaten constitutional order.

5. Allegations of Corruption or Mismanagement:

   • Poor governance or corruption alone is not a valid reason for imposing President’s Rule.

6. No Prior Warning to the State Government:

   • The Centre must give the state a chance to correct its mistakes before imposing President’s Rule, except in extreme emergencies.

7. Solving Internal Party Conflicts:

   • Article 356 cannot be used to settle disputes within the ruling party or for political revenge.

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Final Summary

• Article 356 should be used only in extreme cases, such as a constitutional crisis or complete breakdown of governance.
• Misuse for political advantage is unconstitutional and has been restricted by the Supreme Court in the Bommai case (1994).
• The Governor must act fairly and allow floor tests before recommending President’s Rule.

This ensures that federalism and democracy are protected while still allowing the Centre to act in genuine emergencies. 🚨

Comparison Between National Emergency and President’s Rule

Feature	National Emergency (Article 352)	President’s Rule (Article 356)
Reason for Proclamation	Can be imposed when the security of India or any part is threatened due to war, external aggression, or armed rebellion.	Can be imposed when the state government cannot function as per the Constitution, due to reasons unrelated to war or armed rebellion.
Effect on State Government	The state government continues to function, but the Centre gains concurrent powers over administration and legislation.	The state government is dismissed, and the President governs the state through the Governor. The state legislature is either suspended or dissolved.
Legislative Powers	Parliament can make laws on State List subjects, but cannot delegate this power to other authorities.	Parliament can delegate law-making powers for the state to the President or any other authority. The President usually consults MPs from that state before making laws.
Duration	No maximum time limit. It can be extended indefinitely with Parliament’s approval every six months.	Maximum duration of three years. After that, normal governance must be restored.
Impact on Centre-State Relations	The Centre’s control extends over all states in India.	The Centre’s control is limited to the state under President’s Rule.
Parliamentary Approval	Requires special majority in both Houses of Parliament for approval and extension.	Requires only a simple majority in Parliament for approval and extension.
Effect on Fundamental Rights	Suspends or restricts Fundamental Rights (especially under Article 19 and Article 21).	No impact on Fundamental Rights.
Revocation	Can be revoked by the President on his own or if Lok Sabha passes a resolution.	Can be revoked only by the President’s discretion (no need for Lok Sabha approval).

Key Takeaways:

• National Emergency (Article 352) is imposed during external threats or internal armed rebellion, affecting the whole nation or a part of it.
• President’s Rule (Article 356) is imposed only in a particular state when constitutional governance fails.
• National Emergency affects Fundamental Rights, while President’s Rule does not.
• National Emergency can continue indefinitely, but President’s Rule has a strict three-year limit.

This distinction ensures that Article 356 is not misused for political gains, and both provisions are used only in extraordinary situations. 🚨

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