ARTICLE 356: PRESIDENT RULE

The state of Manipur reflects a classic case of the failure of the constitutional machinery, necessitating invocation of Article 356 by the President of India.

President’s Rule (Article 356): Overview and Key Provisions

Meaning and Context

• Definition: Period when the State government cannot function per constitutional provisions, and the Central government takes direct control.
• Known As: Constitutional Emergency or State Emergency; not explicitly termed “Emergency” in the Constitution.
• Purpose: Restore constitutional order, ensure governance continuity, and protect citizens’ interests.
• Mechanism: Imposed by the President, often based on a Governor’s report.

Constitutional Provisions

• Relevant Articles:

• • Article 355: Union’s duty to protect States and maintain constitutional governance.
  • Article 356: Provisions for failure of constitutional machinery in States.
  • Article 357: Legislative powers during President’s Rule.
  • Article 365: Failure of State to comply with Union directions.

Grounds for Imposition

• Article 356:

• • President’s satisfaction of State’s governance failure as per the Constitution.
  • Based on Governor’s report or otherwise.

• Article 365:

• • State fails to comply with Union’s directions, leading to constitutional governance failure.

Parliamentary Approval

• Proclamation requires approval by both Houses within 2 months.
• During Lok Sabha’s dissolution, survival period extends to 30 days post-reconstitution.

Duration

• Initially valid for 6 months, extendable up to 3 years with six-month intervals.
• Conditions for extension beyond 1 year (per 44th Amendment):

• • National Emergency in operation.
  • ECI certifies elections cannot be conducted

Revocation

• Can be revoked by the President anytime without parliamentary approval.

Consequences

• State Executive:

• • Dismissal of Council of Ministers.
  • Governor administers with advisors or Chief Secretary.

• State Legislature:

• • Assembly suspended or dissolved.
  • Parliament assumes legislative functions; ordinances promulgated by the President.
  • Laws remain effective even post-President’s Rule unless repealed or re-enacted.

• State Judiciary:

• • High Court’s powers and status remain unaffected.

Supreme Court Judgments on President’s Rule

• Judicial Scrutiny: The Supreme Court ensures the imposition of President’s Rule adheres to constitutional principles and prevents misuse for political purposes.
• Key Judgments:

• • S.R. Bommai vs Union of India (1994):
    • Established that President’s Rule is subject to judicial review.
    • Ensured it can be challenged if deemed arbitrary.
  • Rameshwar Prasad Case (2006):
    • Stressed that recommendations for President’s Rule must be based on objective criteria.
    • Prohibited decisions based solely on the central government’s subjective opinions.