President's Rule in India (Article 356)

This document summarizes the provisions of President's Rule (also known as State Emergency or Constitutional Emergency) in India, as derived from the provided Telugu transcript. Although commonly called "President's Rule," the Constitution uses the term "Constitutional Emergency."

Study Methodology for Emergencies

When studying any emergency provision, consider the following:

• Reasons (Why imposed): What circumstances lead to its imposition?
• Parliamentary Approval: Within what timeframe must Parliament approve it?
• Duration: How long does it last if approved?
• Revocation: Who can revoke it, and how?
• Effects/Changes: What changes occur upon imposition? This is analyzed across five areas:
  • Executive Powers (Center/State)
  • Legislative Powers
  • Financial Powers
  • Judicial Powers
  • Fundamental Rights
• Factual Information: Historical data, such as how many times it has been imposed, in which states, etc.

Reasons for Imposition (Article 356)

President's Rule can be imposed for two primary reasons:

1. Constitutional Failure: If the constitutional machinery in a state fails. This is based on a report from the Governor to the President.

   • The Governor assesses the situation and reports to the President.
   • The President forwards the report to the Cabinet.
   • The Cabinet advises the President (to impose or not).
   • If the Cabinet approves, the President may proclaim the emergency (it's not mandatory; the President can reject the Cabinet's advice). This is referred to as "proclamation." An example is the attempt to dismiss the Kalyan Singh government in UP, which President K.R. Narayanan refused.
   • The constitutional machinery failure is not explicitly defined in the constitution.

2. Failure to Comply with Union Directives (Article 365): If a state government fails to comply with directions given by the Union government.

   • States must comply with Union directives.
   • Failure to comply can lead to President's Rule.
   • In this case, too, the President may proclaim the emergency based on Cabinet advice (not mandatory).

   • Note The meaning of constitutional machinery failure. This is not specifically detailed in the constitution. A 2016 Lok Sabha report provides some context. According to that, Constitutional machinery failure includes:

     • Large-scale defections leading to political instability.
     • Resignation of the Chief Minister (and no other party is able to form a government). Example: Biren Singh's resignation in Manipur.
     • Severe breakdown of public order in the state.
     • Militancy or insurgency within the state.
     • Formation of a new state without a functioning legislature (e.g., Jammu and Kashmir).

Important: Article 356 applies *only* to States, not Union Territories (UTs). UTs have separate provisions, which will be discussed later (including how President's Rule applies to UTs with legislatures like Delhi, Puducherry, and Jammu & Kashmir).

Parliamentary Approval and Duration

Because President's Rule involves the dismissal of a democratically elected state government, it requires Parliamentary scrutiny to ensure checks and balances. This is based on the ERL formula (Executive is Responsible to Legislature), a fundamental principle of parliamentary democracy.

• Approval Timeframe: Both houses of Parliament (Lok Sabha and Rajya Sabha) must approve the proclamation within two months.
• Majority Required: A simple majority is needed in both houses. (Contrast this with National Emergency, which requires a special majority.)
• Duration after Approval: Once approved, President's Rule lasts for six months.
• Six Months Count Start: from the date of the presidential order, NOT from the date of parliamentary approval.
• Extension: To extend beyond six months, Parliamentary approval is again required (simple majority, both houses). This can be repeated.
• Extension Beyond One Year: Extending beyond one year requires fulfilling *two* conditions, as per the 44th Constitutional Amendment Act:
  1. A National Emergency must be in effect.
  2. The Election Commission must certify that elections are not possible in the state.

  The 44th Amendment was introduced to prevent misuse, as seen during Indira Gandhi's government.

• Maximum Duration: The maximum duration is generally three years.
• Exception (Punjab): Punjab had President's Rule for five years, made possible by constitutional amendments (59th, 64th, and 68th). These amendments extended the duration progressively. Without amendments, the three-year limit is strict.
• Lok Sabha Dissolution: If the Lok Sabha is dissolved *after* the proclamation of President's Rule (e.g., within 10 days), the Rajya Sabha *must* approve it. The newly constituted Lok Sabha must then approve it within one month of its first sitting. However, the six-month duration *still* counts from the date of the original presidential order.

A useful formula to remember the key numbers is 1 * 2 * 3 * 6:

• 1: National Emergency needs Parliamentary approval within 1 month (special majority).
• 2: State Emergency (President's Rule) needs approval within 2 months (simple majority).
• 3: Maximum duration of President's Rule in a state is 3 years (generally).
• 6: Both National and State Emergencies need extension every 6 months.

Revocation (Revoque)

Parliamentary approval is *not* required for revocation. The President can revoke President's Rule at any time through a simple order.

Effects of President's Rule

The effects of President's rule are considered as below

Center-State Relations

The impact on Center-State relations is analyzed across:

• Executive Powers:
  • Normally, the state executive (Chief Minister + Council of Ministers) governs. Under President's Rule, they are dismissed.
  • The President assumes executive powers and delegates them to the Governor.
  • The Governor is assisted by the Chief Secretary and/or two appointed IAS officers (advisors).
• Legislative Powers:
  • Normally, the State Legislature makes laws. Under President's Rule, the State Assembly can be either dissolved or suspended.
    • Dissolution: Requires fresh elections after President's Rule ends.
    • Suspension: The Assembly can be revived. (The S.R. Bommai case led to a preference for suspension over dissolution.)
  • Since the State Legislature is not functioning, the Parliament assumes its powers. It does *not* go to the President (due to the Separation of Powers - SOP - principle, not Division of Powers). Parliament:
    • Makes laws on subjects in the State List.
    • Approves the state budget.
    • Authorizes expenditure from the Consolidated Fund of the State (CFS).
  • Lok Sabha Dissolution during President's Rule: If the Lok Sabha is dissolved, the President can authorize expenditure from the CFS, but subsequent Parliamentary approval is *mandatory* (due to the ERL formula).
  • Fate of Laws Made by Parliament: After President's Rule ends, the state can do *anything* with laws made by Parliament on state subjects. It can:
    • Re-enact them.
    • Repeal them.
    • Alter them.
    (Subject to the Basic Structure doctrine).
• Judicial Powers: The powers of the High Court are not affected.

Fundamental Rights

• Fundamental Rights are not affected by President's Rule. This is different from National Emergency. Individuals can still approach the courts if their fundamental rights are violated.

Historical Data and Facts

• First Imposition: Punjab in 1951.
• Total Impositions: Approximately 135 times (including Manipur, as per The Indian Express).
• Most Impositions (State): Manipur (11 times), followed by Uttar Pradesh (10 times). (These numbers are subject to change.)
• States Where Never Imposed: Telangana and Chhattisgarh (as of the current date).
• Longest Duration: Jammu and Kashmir (approximately 12 years and 9 months, or 4668 days). Second longest: Punjab (approximately 10 years and 7 months).
• Initial Period (1950-1967): Relatively few impositions (only 10).
• Period of Misuse (1967-1994): Frequent impositions, often for political reasons, until the S.R. Bommai case.
• B.R. Ambedkar's View: He envisioned Article 356 as a "dead letter," to be used sparingly. H.V. Kamath predicted its continued relevance even after Ambedkar's death. The misuse transformed it into a "death letter" for state governments.
• Political Weaponization:
  • 1977: The Janata Party government dismissed Congress governments in nine states.
  • 1980: The Congress government retaliated, dismissing Janata Party governments in nine states.

S.R. Bommai Case (1994)

This is a landmark Supreme Court judgment regarding President's Rule.

• Background: S.R. Bommai was the Chief Minister of Karnataka. The Governor, Venkatasubbaiah, recommended President's Rule due to alleged defections, despite Bommai's claim of having a majority and requesting a floor test. The Karnataka High Court dismissed Bommai's challenge, leading him to the Supreme Court.
• Consolidated Case: The Supreme Court clubbed Bommai's case with other cases involving President's Rule in Meghalaya, Nagaland, Madhya Pradesh, Rajasthan, and Himachal Pradesh (the latter three related to the aftermath of the Babri Masjid demolition).
• Key Supreme Court Rulings:
  1. Judicial Review: President's Rule is subject to judicial review. The 38th Amendment (1975) had removed judicial review, but the 44th Amendment (1978) reinstated it.
  2. Floor Test: Majority should be tested on the floor of the Assembly, not in Raj Bhavan. The Governor should allow a floor test.
  3. Assembly Suspension: The Assembly should be suspended, not dissolved, immediately after the proclamation of President's Rule. Dissolution should only occur *after* Parliamentary approval.
  4. Secularism and Federalism: Secularism and federalism are part of the Basic Structure of the Constitution. (This was relevant to the cases related to the Babri Masjid demolition.)
  5. Reinstatement of Government: If the Supreme Court declares President's Rule unconstitutional, the dismissed state government can be reinstated.

The S.R. Bommai case significantly curbed the misuse of Article 356.

Manipur (Recent Example)

In Manipur, there were clashes between the Naga and Kuki (ST) communities and the Meitei community. The Meitei community demanded ST status, which was opposed by the Naga and Kuki communities. The Manipur High Court directed the state government to consider the Meitei demand, leading to unrest. Chief Minister Biren Singh resigned, and Governor Ajay Kumar Bhalla recommended President's Rule, which was imposed on February 13th (11th time in Manipur).

This demonstrates the process: CM resignation -> Governor's report -> President's Rule.

Next Steps

The next topic is how President's Rule is imposed in Union Territories (UTs), which have different provisions.