Context:
Four days after Manipur Chief Minister N. Biren Singh resigned, President’s Rule was imposed in the northeastern State that has been affected by ethnic violence for the past two years.
President’s Rule
This article states that President’s Rule can be invoked in any state in India when the constitutional machinery in that state fails. Like the section 93 of Government of India Act 1935, it refers to state emergency or constitutional emergency.
Mechanism of Article 356
- Grounds for Imposition
- If the President, based on the Governor’s report or otherwise, becomes convinced that state bound by the constitution cannot function.
- Article 365
- When a State has not complied with a direction of the Union government. If parliament approves within two months, then:
- Parliament’s Approval
- Must pass in both Houses of Parliament within a time span of two months.
- Requires only a simple majority.
- Duration and Extension
- Indefinitely for the six months.
- Beyond this up to three years, but every six months will need revival approval.
- The 44th Amendment (1978) restricts extension beyond one year unless
- A national emergency is in force.
- The Election Commission certifies
Effects of Presidents Rule
- Governor
- Administers State on behalf of President.
- Works with the Chief Secretary and other appointed advisors.
- State Legislature
- Such powers will get transferred to Parliament.
- State Assembly can be suspended or dissolved.
- Ordinance Power
- The President can promulgate ordinances for the state when Parliament is not in session.
Reasons for Declaring Presidents Rule
- Political Crisis
- No elected Chief Minister within the time limit specified.
- Coalition government breaks down or fails to prove its majority.
- A government falls due to no confidence motion.
- Other Reasons
- Delay of elections due to natural disasters or wars, or an epidemic.
- Non compliance with Union directives (Article 365).
Revocation of President Rule
- May be revoked at any time by a later proclamation made by the President.
- No requirement of parliamentary approval.
- Would follow when a political leader proves majority support and then forms a government.
Political Misuse
- Dismiss such state governments which come under opposition. In Punjab, it was first used during 1951. It was misused to an alarming degree during the reign of Indira Gandhi (39 times from 1966 1977). The guidelines are in the S.R. Bommai case (1994).
- Subject to judicial review, must be justified by the Centre. Courts will restore the government, which is dissolved if it is unconstitutional imposition.
- State Assemblies cannot be dissolved before parliamentary approval.
- Grounds include corruption or financial instability do not apply.
- Intrapolitical differences and resignations of the state ministry do not justify.
- This heavily constricted provision is to be invoked only under acute situations.
Recommendations for Reform
- Sarkaria Commission (1983)
- Giving a warning to the state government of such proclamation beforehand.
- Comprehensible reasons should accompany the proclamation.
- The President will dissolve the state legislature only with parliamentary approval.
- Punchhi Commission
- A “Localized Emergency” was recommended to be set up to address issues in certain areas without dissolving the entire government.
- Bommai case guidelines should also be included in the amendments.
Article 356 is a strong provision and quite controversial. It is requisite for constitutional order, but misuse thereof has given rise to judicial and commission reforms against arbitrary usage.
