What is President's Rule and How is it Implemented in India?

Introduction:

President's Rule in India, governed by Article 356 of the Indian Constitution, is imposed when a state government fails to function as per the constitutional provisions. Recently, on February 13, 2024, President's Rule was imposed in Manipur, marking the 134th instance since 1950. The first occurrence of this rule was in Punjab in 1951. Manipur and Uttar Pradesh have witnessed President's Rule the most times, with 11 instances each.

Constitutional Provisions Related to President’s Rule:

The Indian Constitution outlines three types of emergencies:

National Emergency (Article 352): Declared during war, external aggression, or armed rebellion.

President’s Rule (Article 356): Imposed when a state government is unable to function as per the Constitution.

Financial Emergency (Article 360): Declared during a financial crisis.

What Happens When Article 356 is Imposed?

When the President is convinced that the state government is not functioning according to the Constitution, President’s Rule is imposed. The effects include:

The state executive power shifts to the central government.

The Governor acts as the President’s representative.

The State Assembly is either suspended or dissolved, and Parliament takes over legislative functions.

Impact of President’s Rule:

Fundamental Rights: Unlike a National Emergency, where Article 19 (Right to Freedom) may be suspended, President's Rule does not affect citizens’ fundamental rights.

Role of Governor: The Governor administers the state under the direct supervision of the central government.

Duration of President’s Rule:

Initially, it can remain in effect for two months without parliamentary approval.

After parliamentary approval, it can extend for six months.

The rule can be extended for a maximum of three years, but beyond one year, it requires:

A National Emergency to be in force.

A certification from the Election Commission stating that elections cannot be held.

Conclusion:

President’s Rule is a significant constitutional provision used to maintain law and order in states facing governance crises. While it ensures stability, frequent imposition raises concerns over federalism. With strict parliamentary checks, this provision helps balance governance and democracy in India.

Keywords: President’s Rule, Article 356, Indian Constitution, State Emergency, Governance Crisis, Role of Governor, National Emergency, Federalism in India, Parliamentary Approval.

By : team atharvaexamwise