Why in News?
The Lok Sabha passed a resolution to extend President’s Rule in Manipur for six more months, citing improved law and order. The extension requires Rajya Sabha’s approval. President’s Rule was imposed in February after ethnic unrest and the CM’s resignation.
Description:
Article 356 of Indian Constitution:
Allows the President to impose President’s Rule in a state when the constitutional machinery breaks down.
Constitutional Provisions:
- Article 355: Union’s duty to protect states from external aggression/internal disturbance.
- Article 356: President’s Rule on grounds of failure of constitutional machinery.
- Article 357: President empowered to legislate on behalf of the state.
- Article 365: Consequences of state not complying with Union’s directions.
Grounds for Imposition:
- Breakdown of constitutional machinery (Art 356) – based on the Governor’s report or the President’s own judgment.
- Failure to follow Union’s directions (Art 365).
- Common scenarios:
- Hung Assembly
- Breakdown of coalition government
- Loss of majority (no-confidence vote)
- Election postponement due to natural disasters/war
Approval and Duration:
- Needs Parliamentary approval within 2 months.
- Initially valid for 6 months, can be extended up to 3 years.
- Extension beyond 1 year needs:
- National Emergency in the whole or part of the state.
- ECI certification that elections cannot be held.
- Can be revoked anytime by the President (no Parliament approval needed).
Effects of President’s Rule:
- The President assumes executive authority (via Governor).
- The State Assembly may be suspended/dissolved.
- Parliament legislates for the state, including passing a Budget.
- Ordinances can be issued by the President.
- High Court jurisdiction remains unaffected.
Key Supreme Court Judgments:
- S.R. Bommai (1994): President’s Rule is subject to judicial review; must prove majority on the floor.
- Rameshwar Prasad (2006): Must be based on objective criteria, not political convenience.
Recommendations of Commissions:
- Sarkaria Commission: Article 356 to be used as last resort; prior warning to states advised.
- Punchhi Commission: Emergency provisions should be localized, not statewide.
Criticism of President’s Rule:
- Misused to dismiss opposition-led state govts (e.g., 27 times by Indira Gandhi govt).
- Undermines federalism and democratic process.
- Power centralization in the Union government.
La Excellence IAS Academy, the best IAS coaching in Hyderabad, known for delivering quality content and conceptual clarity for UPSC 2025 preparation.
FOLLOW US ON:
◉ YouTube : https://www.youtube.com/@CivilsPrepTeam
◉ Facebook: https://www.facebook.com/LaExcellenceIAS
◉ Instagram: https://www.instagram.com/laexcellenceiasacademy/
GET IN TOUCH:
Contact us at info@laex.in, https://laex.in/contact-us/
or Call us @ +91 9052 29 2929, +91 9052 99 2929, +91 9154 24 2140
OUR BRANCHES:
Head Office: H No: 1-10-225A, Beside AEVA Fertility Center, Ashok Nagar Extension, VV Giri Nagar, Ashok Nagar, Hyderabad, 500020
Madhapur: Flat no: 301, survey no 58-60, Guttala begumpet Madhapur metro pillar: 1524, Rangareddy Hyderabad, Telangana 500081
Bangalore: Plot No: 99, 2nd floor, 80 Feet Road, Beside Poorvika Mobiles, Chandra Layout, Attiguppe, Near Vijaya Nagara, Bengaluru, 560040