President’s Rule (Article 356)

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Why in News?

The Union Government is reviewing the continuation or restoration of an elected government in Manipur, which has been under President’s Rule, amid internal security concerns and political deadlock.

Description:

Constitutional Provisions:

  • Article 356: Imposition of President’s Rule in States.
  • Article 365: Non-compliance with Union directions can trigger Article 356.
  • Article 357: Parliament exercises State legislative powers during President’s Rule.

Grounds for Imposition:

  • Governor’s report indicating breakdown of constitutional machinery.
  • Failure to form a stable government.
  • Loss of majority and inability to prove confidence.
  • Law and order breakdown affecting governance.
  • Non-compliance with constitutional provisions.

Procedure:

  1. Governor sends report to the President.
  2. President issues proclamation under Article 356.
  3. Approval by Parliament required within 2 months.
  4. If approved, continues for 6 months at a time.

Duration Limits:

  • Maximum normal duration: 1 year.
  • Extension beyond 1 year (up to 3 years) only if:
    • National Emergency is in operation or
    • Election Commission certifies that elections cannot be held.

Effects of President’s Rule:

  • Council of Ministers dismissed or suspended.
  • Governor administers the State on behalf of the President.
  • State Assembly: Dissolved or kept under suspended animation. (State Assembly exists but its powers are suspended)
  • Parliament legislates for the State.

S.R. Bommai vs Union of India (1994):

  • The President’s Rule is subject to judicial review.
  • Majority must be tested on the floor of the House, not Governor’s discretion.
  • Courts can restore dismissed State governments.

Manipur-Specific Context:

  • The President’s Rule imposed amid prolonged ethnic violence.
  • Assembly kept in suspended animation, not dissolved.

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