What are grounds of imposition of President’s Rule?
Q. Which of the following statement/statements is/are true regarding President’s rule (356)?
1) It has no effect on fundamental rights of the citizens.
2) It can be revoked by the president only; on his own. There is no other provision.
3) Lok Sabha can pass a resolution for its revocation.
4) Every resolution of parliament approving proclamation or its continuance can be passed only by a simple majority.- Published on 27 Feb 17a. 1, 2 and 3
b. 2, 3 and 4
c. 1 and 4
d. 1, 2 and 4
ANSWER: 1, 2 and 4
- Article 355 imposes a duty on the Centre to ensure that the government of every state is carried on in accordance with the provisions of the Constitution.
- In performance of this duty, the Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in state.
- This is popularly known as ‘President’s Rule’. It is also known as ‘State Emergency’ or ‘Constitutional Emergency’.
- The President’s Rule can be proclaimed under Article 356 on two grounds - one mentioned in Article 356 itself and another in Article 365.
- 356 empowers the President to issue a proclamation, if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution.
- Notably, the president can act either on a report of the governor of the state or otherwise too (i.e., even without the governor’s report).
- Article 365 says that whenever a state fails to comply with or to give effect to any direction from the Centre, it will be lawful for the president to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
- Article 355 imposes a duty on the Centre to ensure that the government of every state is carried on in accordance with the provisions of the Constitution.
- In performance of this duty, the Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in state.
- This is popularly known as ‘President’s Rule’. It is also known as ‘State Emergency’ or ‘Constitutional Emergency’.
- The President’s Rule can be proclaimed under Article 356 on two grounds - one mentioned in Article 356 itself and another in Article 365.
- 356 empowers the President to issue a proclamation, if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution.
- Notably, the president can act either on a report of the governor of the state or otherwise too (i.e., even without the governor’s report).
- Article 365 says that whenever a state fails to comply with or to give effect to any direction from the Centre, it will be lawful for the president to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
Parliamentary Approval and Duration
- A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue.
- However, if the proclamation of President’s Rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha approves it in the meantime.
- If approved by both the Houses of Parliament, the President’s Rule continues for six months.
- The 42nd Amendment Act of 1976 had raised the period of six months to one year.
- But, the 44th Amendment Act of 1978 again reduced the period to six months.
- It can be extended for a maximum period of three years with the approval of the Parliament, every six months.
- However, if the dissolution of the Lok Sabha takes place during the period of six months without approving the further continuation of the President’s Rule, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabhahas in the meantime approved its continuance.
- Every resolution approving the proclamation of President’s Rule or its continuation can be passed by either House of Parliament only by a simple majority.
- The 44th Amendment Act of 1978 introduced a new provision to restraint the power of Parliament to extend a proclamation of President’s Rule beyond one year.
Thus, it provided that,beyond one year, the President’s Rule can be extended by six months at a time only when the following 2 conditions are fulfilled -
a. a proclamation of National Emergency should be in operation in the whole of India, or in the whole or any part of the state; and
b. the Election Commission must certify that the general elections to the legislative assembly of the concerned state cannot be held on account of difficulties.
- A proclamation of President’s Rule may be revoked by the President at any time by a subsequent proclamation which doesn’t need parliamentary approval.
