Emergency Provisions: President’s Rule (Article 356)

What is it?

  • 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.
  • It is this duty in the performance of which the centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in a state.

Conditions

  • Article 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.
  • 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.
  • Suppose 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. In that case, the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided that the Rajya Sabha approves it in the meantime.
  • The President’s Rule is initially for a period of six months. Later, it can be extended for a period of three years with parliamentary approval, every six months.

Majority

  • Approval: Simple majority
  • Revocation: President’s Rule can be revoked anytime after such a proclamation has been made by a subsequent proclamation by the President. A proclamation of revocation does not require approval by the Parliament.

Effects of President Rule

  • He can take up the functions of the state government and powers vested in the governor or any other executive authority in the state.
  • He can declare that the powers of the state legislature are to be exercised by the parliament.
  • He can take all other necessary steps including the suspension of the constitutional provisions relating to any body or authority in the state.

Judicial Review

  • S.R Bommai Case President Rule judicial reviewable.
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