What Is President Rule?

President’s Rule, often referred to as “State Emergency” or “Constitutional Emergency,” is a provision in the Indian Constitution that allows the central government to take direct control of a state’s administration. It is a mechanism to ensure the proper functioning of states and safeguard constitutional governance when a state government fails to function as per constitutional requirements.

Understanding President’s Rule

President’s Rule means direct governance of a state by the central government through the President of India. It authorizes the President of India to assume control over a state when the constitutional machinery in that state breaks down. During this period, the state government is dissolved or suspended, and the state comes under direct central administration, with the Governor acting as the President’s representative.

Legal Basis

• Enshrined in Article 356 of the Indian Constitution, it allows the President to act upon the Governor’s report or other evidence that suggests a breakdown of constitutional machinery.
• Often called “State Emergency” but technically referred to as “Constitutional Emergency.”

Intent Of The Provision

• To provide a safety valve for constitutional crises in states.
• To ensure that no state deviates from constitutional principles, thereby protecting the federal structure.

Grounds For Imposition

President’s Rule can be imposed under several circumstances:

1. Breakdown of Constitutional Machinery: When the Governor reports to the President that the state government is unable to function in accordance with the Constitution.
2. Inability to Form a Government: If no party or coalition is able to secure a majority in the state legislature after elections or the collapse of the ruling coalition.
3. Failure of Law and Order: When there is a severe breakdown of law and order, making it impossible for the state government to govern effectively.
4. Non-compliance with Constitutional Provisions: If a state government refuses to comply with the directives issued by the central government under the Constitution.

Also Read : Emergency Provisions In The Indian Constitution

Procedure For Imposition

The process of imposing President’s Rule is outlined to ensure transparency and accountability:

Step 1: Governor’s Report

• The Governor sends a detailed report to the President, describing the situation.
• This report should outline why the state government is failing to function constitutionally.

Step 2: Presidential Proclamation

• If the President is satisfied, a Proclamation under Article 356 is issued.
• This proclamation declares that the state government is dismissed or suspended, and the central government assumes responsibility for governance.

Step 3: Parliamentary Approval

• The proclamation must be placed before Parliament within two months.
• Both Houses must approve it by a simple majority. If not approved, the proclamation ceases to operate.

Step 4: Duration and Extension

• Initially valid for six months.
• Extensions can be granted in six-month increments, up to a maximum of three years, subject to:
  • A national emergency being in force.
  • A report from the Election Commission stating elections cannot be conducted.

Implications Of President’s Rule

1. Dissolution of State Government
   • The Chief Minister and the Council of Ministers are dismissed.
   • The Governor assumes executive powers, functioning under the direction of the President.
2. Suspension of State Legislature
   • The state legislative assembly may be dissolved or kept in suspension.
   • Legislative powers are exercised by Parliament or the Governor.
3. Control of Finances
   • The Union government takes charge of the state’s budget and financial operations.
4. Administrative Overhaul
   • Key administrative decisions are made by the central government, often in consultation with the Governor.

Judicial Review: The S.R. Bommai Case

The imposition of President's Rule is subject to judicial review to ensure that it is not used arbitrarily. The Supreme Court of India has laid down guidelines to prevent misuse of this power:

S.R. Bommai v. Union of India (1994): This landmark Supreme Court judgment set the precedent for judicial review of President’s Rule:

1. Judicial Oversight: Courts can review whether the imposition was justified.
2. Objective Evidence: President’s satisfaction must be based on verified and objective material.
3. Legislature’s Role: The state legislature should not be dissolved until Parliament approves the proclamation.
4. Federalism Emphasized: Article 356 should be the last resort, preserving the federal structure.
5. Arbitrariness Check: The court held that the President's satisfaction is not beyond judicial scrutiny and must be based on relevant material and cogent reasons.

Criticisms And Concerns

The use of President's Rule has faced criticism and concerns over the years:

1. Political Misuse: There have been allegations of President's Rule being used as a tool for political vendetta by the central government to dismiss state governments led by opposition parties.
2. Federalism: Frequent use of President's Rule can undermine the federal structure of the Indian polity, which emphasizes the autonomy and independence of state governments.
3. Judicial Oversight: While judicial review serves as a check, there are concerns about the delay in court proceedings, which may render the judicial remedy ineffective in some cases.

Notable Instances Of President's Rule

President's Rule has been imposed numerous times in various states since the adoption of the Indian Constitution. Some notable instances include:

1. Punjab (1987-1992): President's Rule was imposed in Punjab due to the deteriorating law and order situation caused by insurgency and terrorism.
2. Bihar (1999): The state faced a political crisis with no party securing a clear majority, leading to the imposition of President's Rule.
3. Uttarakhand (2016): President's Rule was imposed following a political crisis and allegations of horse-trading and defections within the state assembly.

Duration And Safeguards

• The rule can be imposed for an initial period of six months and extended for a maximum of three years.
• 44th Constitutional Amendment Act (1978) introduced stricter conditions for its extension to prevent prolonged misuse.

Conclusion

President's Rule, as outlined in Article 356 of the Indian Constitution, serves as a crucial mechanism for maintaining constitutional order in states when the machinery of governance breaks down. While it ensures that no state deviates from constitutional principles, it has also faced criticism for potential political misuse and its impact on the federal structure of India. The provision underscores the importance of safeguarding democratic governance while providing a temporary solution during crises. Judicial oversight, particularly in the landmark S.R. Bommai case, ensures that President’s Rule is not invoked arbitrarily. Despite its criticisms, it remains an essential tool for upholding constitutional governance, though its application must be handled with caution and care to prevent undermining the autonomy of state governments.

FAQs

These are The FAQs on President’s Rule

Q1.What is President's Rule in India?

President’s Rule, also known as "Constitutional Emergency," allows the central government to take direct control over a state's administration when the state government fails to function in accordance with the Constitution. It is a provision under Article 356 of the Indian Constitution.

Q2.When can President's Rule be imposed?

President's Rule can be imposed when there is a breakdown of constitutional machinery in a state, such as an inability to form a government, failure of law and order, or non-compliance with constitutional provisions. The Governor reports the situation to the President, and if the President is satisfied, a proclamation is issued.

Q3.How long can President's Rule last?

Initially, President's Rule can last for six months. It can be extended in increments of six months, up to a maximum of three years, under specific conditions such as the declaration of a national emergency or if elections cannot be held.

Q4.Is President's Rule subject to judicial review?

Yes, President's Rule is subject to judicial review by the Supreme Court. The Court can examine whether the imposition of President's Rule was justified based on objective evidence and ensure that it is not arbitrary, as established in the S.R. Bommai case.

Q5.Has President's Rule been misused in the past?

Yes, there have been allegations of President's Rule being misused for political purposes, such as dismissing state governments led by opposition parties. Critics argue that its frequent imposition undermines the federal structure of India and harms state autonomy.