President's Rule in India (Article 356) - Detailed Summary

 President's Rule in India (Article 356) - Detailed Summary

**1. Introduction and Nomenclature:**

*   President's Rule is also known as:
    *   Central Rule
    *   Constitutional Emergency
*   Governed by Article 356 of the Indian Constitution.

**2. Proclamation of President's Rule:**

*   Proclaimed by the President of India.
*   Based on:
    *   Report from the State Governor, OR
    *   Advice of the Union Council of Ministers.

**3. Historical Context - From Governor's Rule to President's Rule:**

*   Initially conceived as "Governor's Rule" during Constitutional Assembly debates.
*   Article 356 originally intended for Governor to impose "Governor's Rule."
*   Constituent Assembly discussions led to:
    *   Replacement of "Governor's Rule" with "President's Rule."
    *   Increased power to the Central government in this context.
    *   Key figures like K. Santhanam and H.V. Kamath advocated for these changes, supported by Dr. B.R. Ambedkar and Nehru.

**4. Reasons for Imposition - "Breakdown of Constitutional Machinery":**

*   President's Rule is imposed when the "constitutional machinery in the state has failed," as perceived by the President.
*   "Breakdown of Constitutional Machinery" is NOT explicitly defined in the Constitution.
*   For understanding, "Constitutional Machinery Failure" can be interpreted as:
    1.  Deterioration of law and order in the state.
    2.  The State Government not functioning properly.
    3.  The current state government not functioning properly.
    4.  The present government losing its majority in the Legislative Assembly.
    5.  When no party achieves an absolute majority in Legislative Assembly elections, leading to inability to form a new government.
    6.  Failure of the state government to comply with directions given by the Central government (Article 365).

**5. Scope of Imposition:**

*   President's Rule applies to the ENTIRE state.
*   Cannot be imposed on only a specific area within the state.

**6. Parliamentary Approval:**

*   Time Limit for Approval: Within two months of the President's Proclamation.
*   Majority Required: Simple Majority in both houses of Parliament.
*   Approval Process:
    *   Parliament must approve the proclamation with a simple majority in both Lok Sabha and Rajya Sabha.
    *   If Lok Sabha approves and Rajya Sabha opposes, the resolution is rejected.
    *   If Rajya Sabha approves and Lok Sabha opposes, the resolution is rejected.
    *   Both Lok Sabha and Rajya Sabha must approve the resolution separately.
    *   No joint session of Parliament is held to resolve disagreements on President's Rule proclamation.

**7. Duration and Extension:**

*   Initial Duration: Six months, counted from the date of the President's Proclamation.
*   Extension Process:
    *   Can be extended beyond six months with simple majority approval from Parliament every six months.
*   Extension Beyond One Year (Post-44th Amendment, 1978): President's Rule can be extended beyond one year in a state only if:
    *   A National Emergency is in effect in the entire country OR in a part of the country, OR
    *   The Central Election Commission certifies that conducting elections in the state is difficult.
*   Maximum Duration:
    *   General Maximum Duration: Three years (with conditions for extension beyond one year met).
    *   Exception: In Punjab, President's Rule was extended up to five years through the 59th Constitutional Amendment (1987).

**8. Revocation:**

*   Revoking Authority: The President of India.
*   Revocation Method: President can revoke President's Rule at any time through a proclamation.
*   Parliamentary Approval for Revocation: Not required for Presidential revocation.

**9. Judicial Review:**

*   Judicial Review Power: Lies with the Judiciary - Supreme Court and High Courts.
*   S.R. Bommai Case (1994) Guidelines: Supreme Court outlined key limitations and guidelines for imposing President's Rule:
    1.  Judicial Review Power: Judiciary (Supreme Court and High Courts) has the power to judicially review the imposition of President's Rule.
    2.  Governor's Report as Basis: President's Rule should ideally be imposed based ONLY on the Governor's report.
    3.  Majority Loss Proof in Assembly: The fact that the ruling government has lost its majority should be proven on the floor of the Legislative Assembly (Governor should not preempt this).
    4.  Assembly Dissolution After Parliament Approval: The State Legislative Assembly should be dissolved ONLY AFTER Parliament has approved the President's Rule proclamation.
    5.  President's Rule as Last Resort and Federalism: President's Rule should be used only as a last resort and should not be used in a way that undermines the federal structure of the Indian Constitution.

**10. Effects of President's Rule:**

*   *(The transcription mentions "What are its effects, and how will they be? We need to see that."  However, the provided text DOES NOT detail the specific effects of President's Rule on state governance, legislative powers, etc. This section would require further information beyond the provided transcription to summarize the effects.)*