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President's Rule (Article 356) Summary

Key Takeaways:

• Article 356 of the Indian Constitution deals with President's Rule, also known as Central Rule or Constitutional Emergency.
• It is proclaimed by the President when the constitutional machinery in a state fails, based on the Governor's report or advice from the Union Council of Ministers.
• The minimum duration of President's Rule is six months; the maximum is three years (with specific conditions for extensions).
• Parliamentary approval is required for the proclamation and subsequent extensions.
• The Supreme Court has the power of judicial review over President's Rule, as established in the S.R. Bommai case.

Concept and Introduction

Today's class focuses on the President's Rule, also known as Central Rule or Constitutional Emergency. Article 356 of the Indian Constitution is the primary legal basis for President's Rule. This summary will cover the core concepts, procedures, and important considerations related to it.

Origin and Evolution

During the drafting of the Indian Constitution, the original proposal was "Governor's Rule." However, after significant discussion in the Constituent Assembly, figures like K. Santhanam and H.V. Kamath advocated for "President's Rule," giving more authority to the center. This was supported by figures like Dr. B.R. Ambedkar and Jawaharlal Nehru and was subsequently adopted.

Proclamation of President's Rule

The President's Rule is proclaimed by the President of India. This proclamation is based on one of two primary sources:

1. Report of the State Governor: The Governor of the state sends a report to the President, indicating that the constitutional machinery in the state has failed or is unable to function according to the provisions of the Constitution.
2. Advice of the Union Council of Ministers: The Union Council of Ministers can advise the President to impose President's Rule. This advice is typically based on political considerations or a perceived breakdown in the state's governance.

Reason for Imposition: The fundamental reason for imposing President's Rule is the "failure of constitutional machinery" in a state. This indicates a situation where the state government is unable to function effectively, or that the governance of the state is not being carried out in accordance with the constitution.

Defining "Failure of Constitutional Machinery"

While the Constitution doesn't explicitly define the term "failure of constitutional machinery," it is generally understood to encompass the following situations:

1. Deterioration of Law and Order: A significant breakdown of law and order, making it impossible to govern effectively.
2. Governmental Dysfunction: The state government is not functioning properly, is unable to fulfill its constitutional obligations, or is showing signs of corruption.
3. Loss of Majority: The ruling government has lost its majority support in the State Legislative Assembly, indicating a lack of confidence and potential instability.
4. Lack of Majority After Elections: No single political party or coalition of parties secures an absolute majority in the state Legislative Assembly after elections, making it impossible to form a stable government.
5. Inability to Form a New Government: Even after elections, the formation of a new government becomes impossible due to political deadlock or disagreement among parties.
6. Failure to Comply with Central Directions (Article 365): The state government fails to comply with or disregards directives given by the central government under Article 365 of the Constitution. This signifies a breakdown of the federal system.

Scope of Application

When the President's Rule is proclaimed, it is imposed on the entire state. There is no provision for implementing it in only a specific region or area within the state.

Approval by Parliament

After the President proclaims President's Rule, the Parliament has a critical role in its continuation.

• Time Limit for Approval: The proclamation of President's Rule must be approved by both houses of Parliament (Lok Sabha and Rajya Sabha) within two months of the proclamation.
• Majority Required: Parliamentary approval requires a simple majority of members present and voting in both houses.

Duration and Extension of President's Rule

The length of time President's Rule can be in effect is subject to constitutional provisions and parliamentary action.

• Initial Duration: From the date of the President’s proclamation, the President’s Rule lasts for six months.
• Extension of Six Months: The Parliament can extend the President's Rule for another six months by simple majority.
• Maximum Duration (General): With successive six-month extensions, the maximum duration can be one year (six months + six months).
• Extension Beyond One Year (Special Conditions): President's Rule can be extended beyond one year under specific circumstances, as per the 44th Constitutional Amendment Act (1978):
  • National Emergency: A National Emergency (declared under Article 352) must be in effect in the entire country or a part of the country.
  • Difficulty in Conducting Elections: The Election Commission of India must certify that holding elections in the state is difficult or impossible.
  • Maximum Duration (Beyond One Year): In either of the above conditions, the President's Rule can be extended for a maximum of three years.
• Extension Beyond Three Years (Exceptional): Extending President's Rule beyond three years is possible but requires a constitutional amendment.

Punjab's Example: The 59th Constitutional Amendment, done in 1987, extended the President's Rule in Punjab from three years to five years due to the security situation.

Procedures in Parliament

The process of approving President's Rule in Parliament involves the following:

• Introduction of Resolution: The proclamation of President's Rule can be introduced first in either the Lok Sabha or the Rajya Sabha.
• Approval by Both Houses: The resolution must be approved by both the Lok Sabha and the Rajya Sabha for the proclamation to continue.
• No Joint Sitting: In case of disagreement between the two houses, a joint session of Parliament is not held to resolve the deadlock. The resolution is rejected if it isn't approved by both.

Revocation of President's Rule

The power to revoke President's Rule lies with the President. The President can end the rule at any time through a proclamation. The Parliament doesn't need to re-approve the President's revocation proclamation.

Judicial Review

The judiciary, specifically the Supreme Court and High Courts, have the power of judicial review over President's Rule.

• Supreme Court's Role: The Supreme Court has affirmed its power to review the imposition and actions taken during President's Rule.
• S.R. Bommai vs. State of Karnataka (1994): This landmark case established several key principles:
  • The power of judicial review over President's Rule lies with the judiciary (Supreme Court and High Courts).
  • President's Rule should only be imposed based on the Governor's report.
  • The loss of majority by a government should be proven on the floor of the Legislative Assembly.
  • The Legislative Assembly should not be dissolved until after Parliament has approved the proclamation of President's Rule.
  • President's Rule should be used only as a last resort.
  • President's Rule should not be used in a way that undermines the federal system.