President's Rule

Why in News

• Former Chief Justice of Manipur High Court Siddharth Mridul said on Friday (November 29, 2024) that the “clamour for President’s Rule seems to be gaining momentum in Imphal”, which saw protests and violence after six women and children were abducted by armed militants in Jiribam during an encounter with security forces on November 11 and were later found killed.

Introduction

• President's Rule, under Article 356 of the Indian Constitution, is a mechanism through which the central government assumes direct control over the state in case of a breakdown of constitutional machinery.
• It is commonly referred to as Constitutional Emergency or State Emergency, and it temporarily suspends the state's autonomy, placing governance under the central government through the office of the President, acting on the advice of the Governor.

Constitutional Provisions and Framework

The provisions related to President's Rule are enshrined in Part XVIII of the Indian Constitution. Key articles include:

• Article 355: Duty of the Union to protect states against external aggression and internal disturbances.
• Article 356: Grounds and provisions for declaring President’s Rule in a state due to the failure of constitutional machinery.
• Article 357: Exercise of legislative powers by the President during the proclamation of President’s Rule.
• Article 365: Consequences of a state's failure to comply with Union directives, enabling the invocation of President's Rule.

Grounds for Imposition of President's Rule

President's Rule can be imposed under two main conditions:

• Failure of Constitutional Machinery (Article 356): If the President is satisfied that a state government cannot function as per the Constitution, President’s Rule can be proclaimed. The President can act on the report of the Governor or without it.
• Non-compliance with Union Directions (Article 365): If a state fails to comply with directives issued by the Union, it may lead to the imposition of President's Rule.

Parliamentary Approval and Duration

• The proclamation of President's Rule must be approved by both Houses of Parliament within two months. If the Lok Sabha is dissolved, the proclamation remains in effect until 30 days after the first sitting of the newly constituted Lok Sabha, provided the Rajya Sabha has approved it.
• Initially, President's Rule lasts for six months, and it can be extended up to three years with parliamentary approval every six months. However, extensions beyond one year require the National Emergency to be in effect or the Election Commission's certification that elections cannot be held due to certain difficulties.

Revocation of President’s Rule

• The President can revoke the President’s Rule at any time by issuing a subsequent proclamation, without needing parliamentary approval.

Consequences of President’s Rule

• State Executive: The Council of Ministers is dismissed, and the Governor, on behalf of the President, takes over the administration of the state.
• State Legislature: The state legislature may be suspended or dissolved, and the Parliament assumes legislative powers. The President can promulgate ordinances when Parliament is not in session.
• State Judiciary: The powers and functions of the State High Court remain unaffected by the imposition of President’s Rule.

Misuse and Criticism of President's Rule

• Article 356 has often been criticized for its misuse to dismiss opposition-led state governments, particularly for political reasons.
• The frequent invocation of President's Rule undermines the federal structure, centralizes power, and disrupts the democratic process.
• It has been invoked more than 125 times since its inception, leading to significant debates about its appropriateness.

Judicial Review and Key Supreme Court Judgments

• 38th Constitutional Amendment (1975): Initially, the satisfaction of the President in invoking Article 356 was made final and beyond judicial review.
• 44th Constitutional Amendment (1978): This amendment restored judicial review, allowing courts to scrutinize the imposition of President's Rule.
• S.R. Bommai vs Union of India (1994): The Supreme Court ruled that:
  • The proclamation of President’s Rule is subject to judicial review.
  • The satisfaction of the President must be based on relevant material, and the Center bears the burden of proving its validity.
  • The State Legislative Assembly cannot be dissolved before the Parliament's approval.
  • The Supreme Court emphasized that secularism is a basic feature of the Constitution, and any government pursuing anti-secular politics is liable for President’s Rule.

Reforms and Recommendations on Article 356

Various commissions have recommended reforms to ensure the judicious use of President’s Rule:

• Sarkaria Commission (1988): It suggested that President's Rule should be invoked only as a last resort after exploring all other alternatives and after issuing a warning to the errant state.
• Punchhi Commission (2010): Proposed that the emergency should be localized to specific districts and not applied across the entire state, limiting its duration to three months.
• NCRWC (2002): Recommended that Governor’s reports should be a speaking document, and that State governments should be allowed to explain their position before the imposition of President's Rule.

Conclusion: Significance and Challenges

President’s Rule is a critical tool in maintaining constitutional governance during times of political instability, lawlessness, or failure of state machinery. It ensures the continuity of governance and upholds constitutional order. However, it is also prone to misuse, which can lead to undue centralization and the undermining of the federal structure. Legal safeguards and reforms, including judicial review and the recommendations of various commissions, aim to limit its arbitrary use, ensuring that it is invoked only in exceptional circumstances.

By balancing the central authority and state autonomy, President’s Rule is a necessary constitutional safeguard but must be used sparingly and within the principles of federalism.