If we hear that “President’s Rule” has been imposed in a state, it appears to be an unexpected and drastic political action. What is this? Does the Centre have the power to act capriciously and impose it? The answer lies in Article 356 of the Indian Constitution, an authoritative but controversial provision involving the Centre-state relationship.
What Is President’s Rule
President’s Rule is when the Centre takes over the state government. It is usually invoked when the state government does not function according to the Constitution, leading to political instability, collapse of law and order, or inability to function according to constitutional norms.
That is, when the state “weakens” to function, and the Centre takes over to take command.
What Article 356 Prescribes
Article 356 of the Indian Constitution gives authority to the President of India to impose President’s Rule on a state whenever he/she believes that there cannot be a state government as per the Constitutional provisions.
This is carried out:
- Where the state government becomes a minority and there isn’t any other government that has taken over.
- Where there is a Governor’s report and the President’s Rule suggestion.
- When there is an administrative or Constitutional breakdown.
After imposition:
- Dissolution or suspended animation of the State Legislative Assembly.
- Executive powers are under the control of the Governor, but in the name of the President (i.e., the Centre).
- Parliament has the powers of the State legislature.
Is It Easy to Enforce?
Technically, yes. But legally and politically, no.
Article 356 was abused in dozens of cases in the initial decades after independence to overthrow democratically chosen state governments, the majority of which were opposition party governments. Article 356 was cited over 90 times in the period between 1950 and 1990. They were amended subsequently after a landmark judgement.
The Landmark Case: S.R. Bommai v. Union of India (1994)
It was a Supreme Court case that placed tight restrictions on the use of Article 356.
Joy of the President can be determined in the court. It is no longer “absolute.” The majority of the government should be tried on the Assembly floor, and not on the report of the Governor alone.
Article 356 abuse is illegal.
This verdict made it nearly impossible to enforce President’s Rule without sound and rational reasons.
How long is the President’s Rule?
For the initial 6 months. Renewable for 3 years, but to be confirmed by Parliament every 6 months. Only after 1 year, in case of a national emergency or if the Election Commission feels that the elections cannot be held.
Examples in the Recent Past
Maharashtra (2019): President’s Rule was imposed when none of the parties was even permitted to form the government following the election. It was revoked when a new government came to power.
Uttarakhand (2016) and Arunachal Pradesh (2016): President’s Rule due to political instability, both went to court, and one was withdrawn.
President’s Rule under Article 356 is a constitutional necessity and has to be invoked with great caution. It was invoked as a temporary measure, but now it is judicially questioned and has to adhere to norms based on the constitution.
Therefore, it can no longer be evoked “at will.” The days of carefree application of Article 356 are over. It now needs to necessitate gritty facts, judicial supervision, and Parliamentary sanction to impose India’s federal ethos.
