PRESIDENT RULE

President Droupadi Murmu issues proclamation under Article 356 after receiving a report from Governor Ajay Kumar Bhalla; Assembly under suspended animation, not dissolved, says State government.

President’s Rule in Manipur

  • President’s Rule Imposed: Four days after CM N. Biren Singh resigned, President Droupadi Murmu imposed President’s Rule in Manipur on February 15, 2025.
  • Reason for Imposition: Based on a report from Governor Ajay Kumar Bhalla, citing inability of the State government to function as per the Constitution.
  • Legislative Assembly Status: The Manipur Legislative Assembly is under “suspended animation” but not dissolved; tenure remains until 2027.
  • Administrative Control: Governance and security-related decisions now rest with Governor Bhalla.
  • Parliamentary Approval: As per Article 356(3), the proclamation must be approved by both Houses within two months to remain in effect.
  • Political Crisis: CM Biren Singh resigned on February 9 after meeting with Home Minister Amit Shah; BJP failed to agree on a replacement.
  • Ethnic Violence: Since May 3, 2023, over 250 people have died, and 60,000 have been displaced due to clashes between Kuki-Zo and Meitei communities.
  • Historical Context: The last President’s Rule in Manipur lasted 277 days from June 2, 2001, to March 6, 2002.

PRESIDENT’S RULE

Article 355 imposes a duty on the Centre to ensure that the government of every state is carried on in accordance with the provisions of the Constitution.

It is this duty in the performance of which the Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in state. This is popularly known as ‘President’s Rule’/ ‘State Emergency’ / ‘Constitutional Emergency’.

 

Grounds of Imposition

The President’s Rule can be proclaimed under Article 356 on two grounds:

1) Article 356 empowers the President to issue a proclamation, if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution.

  • The President can act either on a report of the governor of the state or otherwise too (i.e, even without the governor’s report).

2) Article 365 says that whenever a state fails to comply with or to give effect to any direction from the Centre, it will be lawful for the president to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.

Parliamentary Approval and Duration

  • Must be approved by both the Houses of Parliament within two months from the date of its issue.
  • However, if the proclamation of President’s Rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation,
  • then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha approves it in the mean time.
  • If approved by both the Houses of Parliament, the President’s Rule continues for six months. It can be extended for a maximum period of three years with the approval of the Parliament, every six months.
  • The 42nd Amendment Act of 1976 had raised the period of six months to one year. Thus, once approved by both the Houses of Parliament, the proclamation of President’s Rule could continue for one year. But, the 44th Amendment Act of 1978 again reduced the period to six months.
  • Thus, it provided that, beyond one year, the President’s Rule can be extended by six months at a time only when the following two conditions are fulfilled:
  1. a proclamation of National Emergency should be in operation in the whole of India, or in the whole or any part of the state; and
  2. the Election Commission must certify that the general elections to the legislative assembly of the concerned state cannot be held on account of difficulties.

Consequences of President’s Rule

  • He can take up the functions of the state government and powers vested in the governor or any other executive authority in the state.
  • He can declare that the powers of the state legislature are to be exercised by the Parliament.
  • He can take all other necessary steps including the suspension of the constitutional provisions relating to any body or authority in the state.
  • The President dismisses the state council of ministers headed by the chief minister.
  • The state governor, on behalf of the President, carries on the state administration with the help of the chief secretary of the state or the advisors appointed by the President.
  • The President either suspends or dissolves the state legislative assembly.
  • The Parliament passes the state legislative bills and the state budget.

When the state legislature is thus suspended or dissolved:

  1. the Parliament can delegate the power to make laws for the state to the President or to any other authority specified by him in this regard,
  2. the Parliament or in case of delegation, the President or any other specified authority can make laws conferring powers and imposing duties on the Centre or its officers and authorities,
  3. the President can authorise, when the Lok Sabha is not in session, expenditure from the state consolidated fund pending its sanction by the Parliament, and
  4. the President can promulgate, when the Parliament is not in session, ordinances for the governance of the state.

Landmark Supreme Court Judgments on President’s Rule

  • R. Bommai vs Union of India (1994)
    • Established that President’s Rule is subject to judicial review and can be challenged if deemed arbitrary or politically motivated.
    • Reinforced that Article 356 cannot be used for political purposes and must adhere to constitutional principles.
  • Rameshwar Prasad Case (2006)
    • Held that the recommendation for President’s Rule must be based on objective criteria, not merely the central government’s subjective opinion.
    • Strengthened checks against misuse of Article 356.

Key Recommendations on President’s Rule

  • Sarkaria Commission
    • Recommended that Article 356 should be used only as a last resort when all other measures to resolve a constitutional crisis in a state have failed.
    • Suggested that the Centre should warn the state government before imposing President’s Rule whenever feasible.
  • Punchhi Commission
    • Proposed a localized approach to President’s Rule, allowing its application only to specific areas (e.g., a district) instead of the entire state.
    • Aimed to minimize disruptions and prevent misuse of central authority over state governance.

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