Definition: Article 356, often referred to as President’s Rule, empowers the President of India to impose central control over a state government if the constitutional machinery in that state fails. It serves as a safety valve to protect the integrity of the Indian federal structure by ensuring that state administrations operate in accordance with the provisions of the Constitution.
Constitutional Basis and Invocation
Article 356 is derived from the Government of India Act, 1935. It stipulates that if the President, upon receipt of a report from the Governor of a state or otherwise, is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution, they may issue a proclamation.
Once invoked, the President can assume all or any of the functions of the state government, including the powers vested in the Governor. Furthermore, the President may declare that the powers of the State Legislature shall be exercised by or under the authority of the Parliament. This effectively shifts the legislative and executive powers from the state level to the Union level.
“The President’s Rule is a mechanism to restore constitutional order rather than a tool for political maneuvering; its invocation must be based on objective criteria rather than subjective political convenience.”
Parliamentary Approval and Duration
A proclamation imposing President’s Rule must be approved by both Houses of Parliament within two months from the date of its issue. If the Lok Sabha is dissolved during this period, the proclamation must be approved by the Rajya Sabha within two months and by the newly constituted Lok Sabha within 30 days of its first sitting.
If approved, the proclamation remains in force for six months. It can be extended for a maximum period of three years, provided that:
- The Election Commission of India certifies that the election to the state legislative assembly cannot be held.
- Each extension is approved by both Houses of Parliament every six months.
Judicial Scrutiny: The Bommai Case
The misuse of Article 356 for political gains has historically been a point of contention. In the landmark S.R. Bommai v. Union of India (1994) case, the Supreme Court laid down critical guidelines to prevent the arbitrary use of this power. The court held that the President’s satisfaction is justiciable.
The court emphasized that the floor of the assembly is the only place to test the majority of a government. If a state government is dismissed, the court can restore it if the proclamation is found to be unconstitutional. This ruling significantly curtailed the Center’s ability to dismiss state governments based on mere political disagreement.
Important Facts: Constitutional Provisions
| Feature | Details |
|---|---|
| Article | 356 |
| Primary Trigger | Failure of Constitutional Machinery |
| Initial Approval | Within 2 months |
| Maximum Duration | 3 Years (with periodic renewals) |
| Judicial Review | Permissible under S.R. Bommai Case |
Key Points to Remember
- Article 356 is also known as State Emergency or Constitutional Emergency.
- The 44th Constitutional Amendment Act (1978) introduced safeguards to prevent the abuse of this power.
- During President’s Rule, the Governor acts as the executive head on behalf of the President.
- Parliament can delegate the power to make laws for the state to the President or any other authority specified by the President.
- President’s Rule does not affect the powers of the High Court of the state.
- The proclamation can be revoked by the President at any time by a subsequent proclamation without parliamentary approval.
Previous Year Question Hints
- Question: Discuss the significance of the S.R. Bommai case in the context of Indian Federalism. How did it limit the discretionary power of the Center under Article 356?
- Question: Explain the procedural requirements for the parliamentary approval of the President’s Rule in a state. What happens if the Lok Sabha is dissolved during the approval process?
Quick Revision Summary
- Article 356 allows the center to take over state administration.
- The Governor’s report is the primary source of information, though the President can act “otherwise.”
- Parliamentary approval is mandatory within two months.
- The S.R. Bommai judgment made the proclamation subject to judicial review.
- The maximum duration is 3 years, subject to 6-month renewals.
- It serves as an extraordinary measure to ensure the supremacy of the Constitution.
- The High Court’s jurisdiction remains intact during the emergency.
- The power reflects the unitary bias of the Indian federal system during crises.
