Sunday, February 23, 2025

Detailed Summary: Effects of President's Rule in India

 Detailed Summary: Effects of President's Rule in India

**1. Dissolution of State Cabinet:**

*   Upon imposition of President's Rule, the State Cabinet is immediately dissolved (canceled).

**2. Decisions Regarding State Legislative Assembly:**

*   Two options for the Legislative Assembly:
    *   **Dissolution:** The Legislative Assembly can be dissolved.
        *   If dissolved, upon lifting of President's Rule, fresh elections for the Legislative Assembly MUST be conducted immediately.
    *   **State of Dormancy (Suspended Animation):** The Legislative Assembly can be kept in a state of dormancy or "sleeping mode."
        *   If kept dormant, upon lifting of President's Rule, the SAME Legislative Assembly (with its remaining tenure) will be continued.

*   **Example Illustrating Dormancy vs. Dissolution:**
    *   Hypothetical Legislative Assembly elected in 2023 (5-year term until 2028).
    *   President's Rule imposed in 2025 and later lifted.
        *   **Dormancy:** If kept dormant, the same Legislative Assembly elected in 2023 will continue until 2028.
        *   **Dissolution:** If dissolved, upon lifting President's Rule in 2025, immediate fresh elections for the Legislative Assembly are required.

**3. Lawmaking Power - Parliament:**

*   For the state under President's Rule, ALL laws are formulated by the Parliament of India.
*   This includes ALL laws, encompassing even the State Budget.
*   Parliament becomes the legislative body for the state during President's Rule.

**4. Ordinance Making Power - President:**

*   When Parliament is NOT in session, the President of India can issue ordinances for the state under President's Rule.
*   President's ordinance-making power for the state is exercised during Parliament recess.

**5. High Court Powers - Unaffected:**

*   The powers of the State High Court remain unchanged and are NOT affected by the imposition of President's Rule.
*   High Court continues to function with its regular jurisdiction and authority.

**6. Fundamental Rights - Not Cancelled:**

*   Fundamental Rights of citizens are NOT canceled or suspended in the state during President's Rule.
*   Citizens continue to enjoy their Fundamental Rights even under President's Rule.

**7. Article 357 - Constitutional Basis for Parliament's Lawmaking:**

*   Article 357 of the Indian Constitution explicitly states that when President's Rule is imposed in a state, the power to make laws for that state rests with the Parliament.

**8. Governance of the State - Governor's Role:**

*   During President's Rule, the state is governed by the President of India through the State Governor.
*   The Governor acts as the representative of the President in governing the state.
*   President can appoint officials to assist the Governor in governing the state. The number of officials is not constitutionally specified.

**9. Instances of President's Rule in Andhra Pradesh and United Andhra Pradesh:**

*   **Andhra State (pre-1956):** Imposed ONCE.
    *   Year: 1954.
    *   Chief Minister: Tanguturi Prakasam Pantulu.
    *   Governor: C. M. Trivedi.
*   **United Andhra Pradesh (1956-2014):** Imposed TWICE.
    *   **First Instance (1973):**
        *   Duration: January 18, 1973 - December 10, 1973.
        *   Chief Minister: P. V. Narasimha Rao.
        *   Governor: Khandubhai Kasanji Desai.
        *   Reason: Deterioration of law and order due to Jai Andhra Movement.
    *   **Second Instance (2014):**
        *   Duration: March 1, 2014 - June 7, 2014.
        *   Chief Minister: Nallari Kiran Kumar Reddy.
        *   Governor: E. S. L. Narasimhan.
        *   Reason: Deterioration of law and order due to United Andhra Pradesh Movement (Seemandhra movement against state bifurcation).
        *   After lifting, Chandrababu Naidu became CM of Andhra Pradesh (post-bifurcation).

**10. Statistics on President's Rule Imposition in States:**

*   **States with NO President's Rule Imposition (until now):**
    *   Telangana
    *   Chhattisgarh
*   **State with MOST President's Rule Impositions:**
    *   Manipur (more than 10 times).
*   **State with LEAST President's Rule Impositions (Once):**
    *   Uttarakhand (Only once).
*   **State with LONGEST DURATION of President's Rule:**
    *   Punjab (Most time in duration).
*   **State with SHORTEST DURATION of President's Rule:**
    *   Karnataka (Least time in duration).

**11. Total Instances of President's Rule in India:**

*   Approximately 130 times imposed in various states across India until present.

**12. Key Points for Studying President's Rule (Recap for Exams):**

*   **Declarer:** President of India.
*   **Scope:** Entire State.
*   **Reason:** Failure of Constitutional Machinery.
*   **Parliamentary Approval:** Within 2 months, Simple Majority.
*   **Effective Date:** From President's Proclamation date.
*   **House of Introduction:** Either Lok Sabha or Rajya Sabha.
*   **Tenure:** Minimum 6 months, Maximum 3 years (typically).
*   **Joint Session:** No Joint Session for approval.
*   **Lok Sabha Dissolution:** Rajya Sabha approves initially, Lok Sabha within 30 days of re-formation.
*   **Judicial Review:** Yes, by Supreme Court and High Courts (S.R. Bommai case).
*   **Revoker:** President of India.
*   **Effects:**
    *   State Cabinet Dissolved.
    *   Legislative Assembly: Dissolved or Dormant.
    *   State Laws Made by Parliament.
    *   Presidential Ordinances when Parliament not in session.
    *   High Court Powers Unchanged.
    *   Fundamental Rights Not Cancelled.
*   **Andhra Pradesh/United AP Instances:** Number of times imposed, key figures, reasons.
*   **State Statistics:** No/Most/Least impositions, Longest/Shortest duration states.
*   **Total Impositions in India:** ~130 times.

No comments:

Post a Comment