President’s Rule in Manipur was revoked

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Why in News?

President’s Rule in Manipur was revoked following the formation of a new BJP-led government under Chief Minister Yumnam Khemchand Singh, ending nearly one year of central rule.

Description:

About President’s Rule:

1.     Constitutional Provisions:

ArticleSubject Matter
355Duty of Union to protect States and ensure governance follows the Constitution.
356Proclamation of President’s Rule due to failure of constitutional machinery.
357Exercise of State legislative powers by the Parliament.
365Failure of State to comply with Union directions (Deemed failure of machinery).

2.    Parliamentary Approval & Duration:

  • Approval: Must be passed by both Houses within 2 months (Simple Majority).
  • Validity: 6 months per approval; Maximum 3 years.
  • 44th Amendment Act (1978) Restraint: Extension beyond 1 year only if:
    • National Emergency is in operation (all/part of India).
    • Election Commission certifies that State elections cannot be held.
  • Revocation: By the President at any time (No Parliamentary approval needed).

3.    Consequences of Imposition:

EntityEffect of President’s Rule
State ExecutiveGovernor dismisses the Council of Ministers; Governor/Advisors run administration.
State LegislatureEither suspended or dissolved. Parliament makes laws for the State.
State JudiciaryNO EFFECT. The High Court’s powers and status remain unchanged.
FinancialPresident can authorize expenditure from State Consolidated Fund (if LS not in session).

4.    Judicial Review: S.R. Bommai Case (1994):

  • Reviewable: The President’s “satisfaction” is subject to judicial review.
  • Note: 38th CAA (1975) made President’s satisfaction final (no judicial review). 44th CAA (1978) restored judicial review.
  • Burden of Proof: The Centre must prove relevant material exists to justify the rule.
  • Floor Test: Majority support must be tested on the floor of the House, not in the Governor’s bungalow.
  • Restoration: If the court finds the proclamation unconstitutional, it can restore the dismissed government.
  • Assembly Status: The Assembly should only be dissolved after Parliament approves the proclamation (it remains suspended until then).

5.    Proper vs. Improper Use of President’s Rule (Sarkaria Commission Guidelines):

Proper UseImproper Use
Hung Assembly (no coalition possible).Governor fails to probe alternative ministry options.
Ministry resigns and no other party is willing.No floor test conducted.
Disregard of Central directions (Article 365).Ruling party’s defeat in Lok Sabha elections.
Internal subversion/Physical breakdown.Intra-party problems or corruption allegations.

Key Distinction: Unlike National Emergency, President’s Rule does not affect Fundamental Rights and must be approved by a Simple Majority (National Emergency requires Special Majority).

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