Dismiss State government; needs approval within two months
Article 356: President's Rule Empowerment
Article 356 of the Indian Constitution grants the President the power to impose 'President's Rule' in a state. This is typically done if the President is satisfied that a situation has arisen where the government of the state cannot be carried on in accordance with the provisions of the Constitution.
Specifically, this empowers the President to:
- Assume to himself all or any of the functions of the State Government.
- Declare that the powers of the State Legislature shall be exercisable by or under the authority of Parliament.
- Dismiss the State government (Council of Ministers headed by the Chief Minister).
Constitutional Safeguards for Article 356
President's Rule is subject to certain constitutional safeguards to prevent its misuse:
- A proclamation imposing President's Rule must be laid before both Houses of Parliament.
- It must be approved by a special majority (resolution passed by a majority of the total membership of each House as well as by a majority of not less than two-thirds of the members present and voting).
- Initially, the proclamation can last for 6 months. Subsequent extensions require parliamentary approval every 6 months, and the total period cannot exceed 3 years.
- Approval within two months is required for the proclamation to continue beyond the initial 2-month period (if Parliament is not in session or the Lok Sabha has been dissolved at the time of proclamation). The resolution for approval requires the special majority mentioned above.
Therefore, Article 356 empowers the President to dismiss the State government, but its imposition requires parliamentary approval within a specific timeframe (two months for continued effect if Lok Sabha dissolved/not in session).
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