Cameron Miranda
Article 356 of the Indian Constitution, also known as the President's Rule, allows the President to assume direct control of a state government and take over the functions of the state government when the constitutional machinery fails. This article has been invoked in various states across India, with varying frequencies and durations, and has been criticised for its potential misuse for political gain. However, it is also viewed as a crucial tool for upholding constitutional order and ensuring stable governance during crises. The President's Rule enables the President to make laws for the state, but it is subject to judicial review and parliamentary approval, creating a balanced framework for its implementation.
| Characteristics | Values |
|---|---|
| Rule name | President's Rule |
| Other names | State Emergency, Constitutional Emergency |
| Article | 356 |
| Constitution | Indian Constitution |
| Grounds for invocation | Breakdown of constitutional machinery, failure of governance at the state level, political instability, hung assembly, breakdown of law and order |
| Requirements | President must be satisfied that the state government cannot function effectively |
| Supporting documents | Governor's report (optional) |
| Proclamation validity | Two months unless approved by both houses of Parliament |
| Proclamation extension | Possible, up to four years |
| Related articles | 355, 357, 360, 365 |
| Related cases | S.R. Bommai v. Union of India (1994), State of Rajasthan v. Union of India (1977) |
| Related commissions | Sarkaria Commission, Punchhi Commission |
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What You'll Learn
The President's Rule
President's Rule, also referred to as State Emergency or Constitutional Emergency, is a provision under Article 356 of the Indian Constitution. It allows the President to assume the functions of the state government and gives direct control of the state in question to the central government. The President's Rule can be invoked when there is a failure of the constitutional machinery or legislature to abide by Constitutional norms or when there is a breakdown of constitutional machinery. This can occur due to political instability, a hung assembly, or a breakdown of law and order.
The process of imposing the President's Rule typically involves the following steps:
- The Governor of the State submits a report indicating the failure of the state's constitutional machinery or legislature to adhere to Constitutional norms.
- If both Houses of Parliament approve, the President's Rule can be implemented for an initial period of six months.
- The President's Rule can be extended for a maximum of three years with the approval of Parliament every six months. In rare cases, it can be extended further if the Election Commission of India determines that elections are not feasible.
- The Vidhan Sabha, the state legislative assembly, is either prorogued or dissolved, necessitating a new election.
- The Council of Ministers is dissolved, and the office of Chief Minister is vacated.
- The President's Rule can be revoked at any time by the President without requiring Parliament's approval.
It is important to note that the President's Rule has been criticised for its potential misuse for political gain. However, it is generally viewed as a crucial mechanism to uphold the constitutional order, ensure the continuity of governance, and protect the interests of citizens when the state government is unable to function effectively.
To prevent the misuse of the President's Rule, various commissions, such as the Sarkaria Commission and the Punchhi Commission, have provided recommendations. The Sarkaria Commission emphasised that Article 356 should be invoked only as a last resort after exhausting all alternative options to address the breakdown of constitutional machinery. On the other hand, the Punchhi Commission suggested a more localised approach, recommending that the Emergency provisions under Article 356 be applied to specific areas within a state, such as a district or parts of a district, rather than the entire state.
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State Emergency
In India, President's Rule, also known as State Emergency or Constitutional Emergency, is a provision under Article 356 of the Indian Constitution. It allows the central government to assume direct control over a state's governance and impose its rule on any state of India. This is done when the constitutional machinery fails, and the state government is unable to function in accordance with the provisions of the Constitution. It is one of the three types of emergencies outlined in the Constitution, alongside National Emergency (Article 352) and Financial Emergency (Article 360).
President's Rule is invoked during a constitutional breakdown or failure of governance at the state level, often due to political instability, a hung assembly, or a breakdown of law and order. It empowers the President to take over the functions of the state government and suspend the State Legislature, governing the state through the office of the Governor. The Governor, who is only a constitutional head, has the authority to appoint other administrators to assist them, who are usually non-partisan retired civil servants not native to the state.
The imposition of President's Rule can adversely affect the development and progress of states, as policy decisions are delayed or halted, and long-term planning becomes difficult during the period of Central intervention. Various commissions, such as the Sarkaria Commission and the Punchhi Commission, have examined the imposition of President's Rule and provided recommendations to ensure its appropriate use and safeguard against potential misuse. They have suggested that it should be used as a last resort and that a localized approach should be adopted, bringing specific areas under the President's Rule instead of the entire state.
President's Rule can be revoked at any time by the President and does not require Parliament's approval. However, parliamentary approval is necessary for the imposition of President's Rule on any state. Amendments have been made to Article 356 over the years to address concerns and ensure the appropriate use of this provision. For example, the Constitution (Sixty-Seventh Amendment) Act of 1990 amended clause (5) of Article 356 to lengthen the three-year time frame in the case of the Declaration made on May 11, 1987, with regard to the State of Punjab to 3 years and 6 months.
During President's Rule, the Parliament becomes empowered to make laws with respect to any matter in the State List in relation to that state. This includes the power to legislate on matters in the State List during a proclamation of national emergency.
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The role of the Parliament
The Parliament of India is the supreme legislative body of the Government of India. It is a bicameral legislature composed of the President and two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The Parliament of India represents the largest democratic electorate globally, with 968 million eligible voters in 2024.
The primary function of Parliament is to make laws for the governance of the country. It has the exclusive power to make laws on the subjects enumerated in the Union List and the Concurrent List. The Parliament also has overriding powers to make laws on the Concurrent List, prevailing over the law of the State Legislature in case of a conflict. The Parliament makes laws in a skeleton form and authorises the Executive to create detailed rules and regulations within the framework of the parent law. This is known as Delegated Legislation or Executive Legislation or Subordinate Legislation.
The Parliament also has residuary powers, meaning it holds exclusive authority over matters not covered by the Union or State Lists. It can amend the Constitution with the support of a special majority, allowing for modifications to accommodate changing societal needs and aspirations.
In addition to its legislative roles, the Parliament exercises control over the Executive through various devices and supervises the Executive's activities with the help of its Committees. The Parliament also has financial roles, including approving and passing the Union Budget, which legalises the government's revenue and expenditure for the year. It scrutinises government spending and financial performance with the help of financial committees, including the Public Accounts Committee (PAC), Estimates Committee (EC), and Committee on Public Undertakings (CoPU). These Committees identify cases of legal, irregular, unauthorised, improper usage, and wastage and extravagance in public expenditure.
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Judicial oversight
Article 356 of the Indian Constitution allows the President to take over the functions of a state government when the constitutional machinery fails. This is known as President's Rule, and it is one of three types of emergencies outlined in the Constitution. It is invoked during a constitutional breakdown or failure of governance at the state level, often due to political instability, a hung assembly, or a breakdown of law and order.
The validity of a proclamation issued by the President under Article 356 is subject to judicial review. The Forty-fourth Amendment of 1978 repealed Article 356's clause (5), which stated that the President's satisfaction mentioned in clause (1) was final and conclusive and not open to question in any court. This repeal expanded the scope of judicial review, allowing review of the President's proclamation on the grounds of irrationality, illegality, impropriety, mala fide, or abuse of power. The Supreme Court of India has held that the proclamation is not immune from judicial review and can be struck down if found to be based on mala fide or wholly irrelevant or extraneous grounds.
The landmark case of S. R. Bommai v. Union of India ( [1994] 2 SCR 644) is a prime example of the judicial review process under Article 356. The case discussed the provisions of Article 356 and related issues, curbing the blatant misuse of the article, which allowed the President's rule to be imposed over state governments. The judgement laid down certain provisions regarding presidential proclamation under Article 356, including that the power conferred by Article 356 on the President is conditioned and not absolute.
The scope of judicial review under Article 356 has been a subject of ongoing debate, with some arguing that it should extend beyond the validity of the proclamation to the actions taken under it through the "object and purpose test." The Supreme Court's interpretation of Article 356 in the Article 370 judgement is an example of this expanded scope of judicial review. The judgement considered the President's extensive powers post-proclamation and evaluated the court's reasoning in expanding judicial oversight beyond the proclamation's validity.
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The Sarkaria Commission
The main purpose of the Commission was to link different kinds of central assistance with state performance and examine the jurisdiction, role, and responsibility of the state and centre in implementing and planning projects with the support of the states while making recommendations. It was asked to review and examine the working of existing arrangements between the state and centre in all spheres and recommend appropriate changes and measures. The Commission's report discussed the utilisation of Article 356 and the importance of the Governor in legislative areas of the constitution.
Despite the large size of its reports, the Commission recommended, by and large, a status quo in Centre-State relations, especially in areas relating to legislative matters, the role of governors, and the use of Article 356. It is widely accepted that the Indian government did not implement the Commission's recommendations to whatever extent they suggested change. However, the court relied on these recommendations several times, and the advantages of one recommendation were developed in 1990 in the internal state council.
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Frequently asked questions
Article 356 of the Indian Constitution, also known as the President's Rule, allows the President to assume direct control of a state government when its constitutional machinery fails.
When the President's Rule is imposed, the President can assume the functions of the state government and the powers vested in the Governor. The Parliament can then make laws with respect to any matter in the State List in relation to that state.
The President's Rule can be imposed if the President receives a report from the state's Governor or is otherwise convinced that the state government cannot function according to the provisions of the Constitution.
Yes, the President's Rule has been subject to significant judicial scrutiny and constitutional safeguards. The landmark S.R. Bommai judgment of 1994 established that the power under Article 356 is subject to judicial review.
