UNDERSTANDING PRESIDENT RULE: CONSTITUTIONAL BREAKDOWN OF STATE MACHINERY
Written by Rejima Yengkhom
President rule is the suspension of the powers of the State Government or of the State Legislature where the Union Government holds all the powers of the State or in authority wherein the Governor acts as an agent of the central government and a vital link between the central and state and except the powers vested in or exercisable by High Court of that State.
Historical Context of Article 356:-
The power of the President in India to issue a proclamation comes from the provisions of Section 93 of the Government of India Act, 1935 where the Governor were specifically empowered with the federal legislature to make laws which has come from the British legacy.
Dr. BR Ambedkar , who chaired the Drafting Committee of the Constitution Assembly has expressed that this article would remain as a ‘‘dead letter’’ as it would be never be in operation but to his utter dismay , it is one of the most frequently misused provisions by the political parties. The inclusion of emergency powers in the Constitution of India has raised objection in the Constituent Assembly as it might undermine and threaten the federal structure of the country.
Grounds for proclamation of State Emergency
There are two grounds for invoking President’s rule :-
1. Article 356 (1) of the Constitution of India : Failure of Constitutional Machinery
The President’s rule can be proclaimed if any situation arises from the failure of constitutionary machinery of the State, then, the President ,
• on receipt of the report from the Governor ;
• or otherwise, satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the constitution.
2. Article 365 of the Constitution of India : Failure to Comply with Union Directives
The Constitution also ensures that the State will follow the legislation of parliament which is embedded under Article 365 whenever a state fails to comply with , or to give effect to any directions given by the Union, it will be lawful for the President to proclaimed
How the Proclamation is Made and Revoked?
A Proclamation issued under article 356 shall be laid before each House of the Parliament within two months from the date of issue and once proclamation is approved by the parliament shall (unless revoked) remain in force for a period of six months and continue to remain in force not longer than three years.
Every resolution approving or continuation of the proclamation of president rule can be passed by a simple majority that is, majority of members present and voting.
The President can revoke the proclamation of Article 356 at any time by subsequent proclamation and Parliamentary approval is not required.
Constitutional Safeguards
The 44th Constitutional Amendment Act, 1978 introduced a new provision to provide safeguard by restraining the power of the Parliament in relation with the Proclamation of State’s Emergency. Unlike National Emergency, President rule does not infringe Fundamental rights given under part III of Constitution.
Judicial Review
The Supreme Court in S.R. Bommai vs Union of India ,1994 gave a landmark decision that the judicial review of presidential proclamation under Article 356 is permissible. Such a proclamation is justiciable on the grounds of malafide exercise of power or arbitrariness.
The Court further held that the question of the validity of such proclamation must be decided on the floor of the Assembly. The Legislative Assembly does not automatically dissolved as it must be dissolved only after the approval of the Parliament until then, the State Legislature remains in a state of suspended animation meaning temporary halt of the State Assembly but not dissolved.
Imposition of President Rule in the State and Union Territories
Since 1950, the adoption of Constitution, President rule has been imposed 134 times in the State and Union territories where the normal fabric of the Constitution is adversely affected. In the year 1951, for the first instance , the imposition was in Punjab. Jammu Kashmir holds the longest record with 12 years of imposition. Chhatisgarh and Telangana have not been imposed till now.
Currently, after a long gap of 24 years since its last imposition of President’s rule in Manipur, the period has once again come to effect from 13th February 2025 and has been extended for another six months, marking the eleventh instance of such imposition in the State which undermines the federal structure of the India’s constitutional democracy.
Conclusion
Nothwithstanding anything expressed in the Constituent Assembly, Ambedkar conferred Article 365 as a “dead letter” envisages that it would invoked only in rare circumstances the Union Government often used it as a political weapon though the rationality behind the incorporation of these provisions in constitution is to safeguard the sovereignty, unity, integrity and security of the country.