Summary of YouTube Video: Amigos IAS - Article 356 (President's Rule) & Manipur Context
Channel: Amigos IAS
Topic: Article 356 (President's Rule) in India, with a focus on Manipur
Introduction to Article 356 and Manipur Context
- Discussion about Article 356 of the Indian Constitution, the highest law of the land.
- Context: Article 356 is currently in the news due to its implementation in Manipur.
- Need to understand the basics of Article 356, the context of its current relevance, and basic facts about Manipur.
Basic Facts about Manipur
- Bordering States: Manipur shares borders with three Indian states:
- Assam
- Nagaland
- Mizoram
- International Border: Manipur shares an international border with one country:
- Myanmar
- Capital: Imphal, located in the Imphal Valley.
- Assembly Seats: 60 MLA seats in the Manipur Legislative Assembly.
- Current Government: BJP (Bharatiya Janata Party) has been in power since March 2022 elections.
- Chief Minister: Biren Singh (resigned on February 9, 2025).
- Governor: Ajay Kumar Bhalla (Governor of Manipur, to whom Biren Singh submitted his resignation).
Article 356: Constitutional Emergency (President's Rule)
- Part of Constitution: Article 356 is in Part 18 of the Indian Constitution, which deals with Emergency Provisions (Articles 352-360).
- Other Emergency Articles in Part 18:
- Article 352: National Emergency (invoked 3 times in India).
- Article 360: Financial Emergency (never invoked in India).
- Commonly known as: President's Rule, but the term "Constitutional Emergency" is used in the Constitution.
- Reason for Invocation in Manipur: Internal conflict and violence in Manipur, particularly between the Kuki and Meitei communities, leading to a failure of the state government machinery.
Conditions for Imposing Article 356 (President's Rule)
- Failure of Constitutional Machinery: When the state government is unable to function according to the Constitution.
- Law and Order Failure: Breakdown of law and order in the state.
- Political Instability: Frequent collapse of state governments or inability to form a stable government.
- No Government Formation: Inability to form a government after elections (e.g., hung assembly).
- Non-compliance with Central Directives (Article 365): When a state fails to comply with directions from the Central Government under Article 365.
Procedure for Imposing Article 356
- Governor's Role:
- The Governor of the state submits a report to the President, stating that the state's situation warrants the imposition of President's Rule.
- President's Role & Central Government:
- The President consults with the Union Council of Ministers.
- President may impose Article 356 based on the Governor's report and Cabinet advice.
- Alternatively, the Union Cabinet can directly advise the President to impose President's Rule.
- The President may initially return the advice for reconsideration, but if the advice is reiterated, the President is bound to impose Article 356.
Duration and Parliamentary Approval
- Initial Duration: President's Rule is initially imposed for six months.
- Parliamentary Approval:
- Must be approved by both Houses of Parliament (Lok Sabha and Rajya Sabha) within two months of imposition through a simple majority.
- If Lok Sabha is not in session at the time of imposition, approval must be obtained within 30 days of its first sitting after imposition. Rajya Sabha must still approve within the initial two-month period.
- Parliamentary approval extends President's Rule for 6 months.
- Extension: Can be extended every six months with parliamentary approval, up to a maximum of three years.
- Extension Beyond 1 Year: Possible under two conditions:
- Election Commission of India certifies that elections cannot be held in the state.
- A National Emergency (Article 352) is in operation in India or in a part of India.
- Extension Beyond 3 Years: Requires a Constitutional Amendment. Example: Punjab, extended through constitutional amendments (59th, 64th, 68th Amendments).
Consequences of Imposing Article 356 in a State
- State Government Dissolution: The State Government is dissolved.
- State Legislature:
- State Legislative Assembly may be dissolved or kept in suspended animation (temporary suspension), depending on the situation.
- High Court: Powers of the State High Court remain unaffected. High Courts are under the Union List, not the State List.
- State Bills and Budget:
- Parliament handles state legislation and budget.
- Governor's Role: Governor becomes the key executive authority, administering the state, often with the help of advisors (IAS and IPS officers).
Judicial Review and Safeguards
- Misuse of Article 356: Historically, Article 356 has been misused, especially when different political parties are in power at the Center and State.
- S.R. Bommai Case (1994): Landmark Supreme Court judgment in S.R. Bommai vs. State of Karnataka case.
- Judicial Review Allowed: Supreme Court ruled that the imposition of President's Rule is subject to judicial review.
- Safeguard for State Legislature: Supreme Court stated that while the Ministry (State Government) can be dissolved, the State Legislative Assembly should not be dissolved until Parliament approves the Presidential Proclamation. Temporary suspension is permissible before parliamentary approval.
Revocation of Article 356
- Revocation Process: President's Rule can be revoked by the President at any time through a subsequent proclamation.
- Parliamentary Revocation: Parliament can also revoke President’s Rule through a simple resolution.
Key Facts - Article 356 in India
- Frequency of Use: Article 356 has been imposed over 100 times in India.
- First State under Article 356: Punjab (in 1951).
- State with Most Impositions: Manipur (11 times, including the current instance).
- Second Highest Imposition: Uttar Pradesh (10 times).
- 44th Constitutional Amendment (1978): Introduced provisions related to extending President's Rule beyond one year under specific conditions (Election Commission certification or National Emergency).
Current Manipur Situation and Future Outlook
- Current Context: Article 356 imposed in Manipur in February 2025 due to ongoing Kuki-Meitei conflict.
- Assembly Term: Manipur Assembly has about 2 years of its term remaining (government formed in March 2022).
- Future Uncertainty: Future course of action is unclear - whether President's Rule will be extended, elections will be held soon, etc., depends on the situation and decisions of ECI.
- Article 355 in Manipur: Article 355 (protect states from internal disturbance) was reportedly in effect in Manipur unofficially in the previous year.
This is a summary of the discussion on Article 356 and its recent imposition in Manipur, as explained in the Amigos IAS YouTube video. For detailed understanding, please refer to the original video content.
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