President’s Rule (Article 356)

Also called:

• State Emergency
• Constitutional Emergency

👉 The idea comes from Article 355 – duty of the Union to ensure that governance in states runs “in accordance with the Constitution.”
If this duty is violated → Centre can take control of a state’s machinery through Article 356.

Grounds of Imposition

President’s Rule can be proclaimed on two grounds:

1. Article 356 itself –
   If the President is satisfied that a situation has arisen in which the government of the state cannot be carried on according to the Constitution.
   • May act on Governor’s report, or even without it (discretionary).
2. Article 365 –
   If a state fails to comply with directions of the Centre, it will be deemed that constitutional machinery has broken down.

👉 In both cases → President issues a proclamation.

Parliamentary Approval and Duration

• Proclamation must be approved by both Houses of Parliament within 2 months.
• If Lok Sabha is dissolved → Proclamation survives until 30 days from first sitting of new Lok Sabha, provided Rajya Sabha approves in meantime.
• Once approved → valid for 6 months.
• Can be extended for a maximum of 3 years (approval needed every 6 months).

44th Amendment (1978) safeguards:

• Beyond 1 year, extension possible only if:
  1. National Emergency is in operation in whole/part of India, and
  2. Election Commission certifies that assembly elections cannot be held.
• Proclamation can be revoked anytime by President (no parliamentary approval needed for revocation).

Consequences of President’s Rule

When imposed, the President acquires extraordinary powers:

1. Executive Powers:
   • State Council of Ministers dismissed; CM and cabinet lose authority.
   • Governor administers state on President’s behalf, usually with Chief Secretary + advisors.
2. Legislative Powers:
   • State legislature either suspended or dissolved.
   • Parliament assumes power to legislate for the state.
   • Parliament may also delegate law-making to President or specified authority.
   • Parliament (or President if delegated) can:
     • Pass state bills and budget.
     • Authorise expenditure from State Consolidated Fund (if LS not in session).
     • Issue ordinances for governance (if Parliament not in session).
3. Judiciary Exception:
   • High Court’s powers, position, and independence remain untouched.
   • President cannot take over judicial functions.

👉 Laws made under President’s Rule continue to operate even after it ends, until repealed/altered by the new state legislature.

Why Called “President’s Rule”?

Because although the proclamation is by the President, in reality:

• Governor administers state on his behalf.
• Governor acts with help of bureaucrats/advisors, not an elected cabinet.

Thus, popularly known as “President’s Rule in a state.”

Use (and Misuse) of Article 356

1. Frequency and Criticism

• Since 1950, President’s Rule has been imposed more than 125 times → on average twice a year.
• In many cases, it was arbitrary and politically motivated, not genuine constitutional breakdown.
• Hence, Article 356 is often called one of the most controversial provisions of our Constitution.

👉 First used in Punjab, 1951.
👉 By now, almost every state has experienced it at least once.

Examples of misuse:

• 1977 (Morarji Desai govt) → President’s Rule in 9 Congress-ruled states after Congress lost Lok Sabha elections.
• 1980 (Indira Gandhi govt) → Retaliated by dismissing 9 opposition-ruled states when Congress came back.
• 1992 → President’s Rule in BJP-ruled Madhya Pradesh, Himachal Pradesh, and Rajasthan on grounds of not enforcing Centre’s ban on religious organisations.

2. Ambedkar’s Hope vs Reality

• In the Constituent Assembly, Dr. Ambedkar had said this power should remain a “dead letter”—used only as last resort.
• But in reality, it became a “deadly weapon” used frequently against rival state governments.
• As one member (H.V. Kamath) later quipped: “Ambedkar is dead, Articles are very much alive.”

3. Judicial Review

Originally, 38th Amendment (1975) made President’s satisfaction final and conclusive → beyond court review.
But 44th Amendment (1978) reversed this → President’s Rule is subject to judicial review.

4. S.R. Bommai Case (1994)

A landmark judgment of the Supreme Court → set strict limits on misuse of Article 356.

Key propositions laid down:

1. Presidential Proclamation under Article 356 is subject to judicial review.
2. President’s satisfaction must be based on relevant material.
   • Court can strike down proclamation if it is irrelevant, extraneous, mala fide, or perverse.
3. Burden of proof is on the Centre.
4. Court won’t test the adequacy of material, but will check its relevance.
5. If proclamation is unconstitutional → Court can restore dismissed state govt and assembly.
6. State assembly should be dissolved only after Parliament approves the proclamation. Until then → only suspended.
7. Secularism is a basic feature → any state govt pursuing anti-secular policies can face Article 356.
8. Loss of majority must be tested on the floor of the House, not by Governor’s personal assessment.
9. Change of party at Centre ≠ automatic dismissal of opposition-ruled states.
10. Article 356 is an exceptional power, to be used rarely and cautiously.

👉 After this judgment, misuse of Article 356 has significantly reduced.

5. Proper vs Improper Use

(Supreme Court, based on Sarkaria Commission, gave guidance)

Proper Situations (valid use):

1. Hung Assembly → no party with majority.
2. Majority party refuses to form govt + no viable coalition possible.
3. Ministry resigns after defeat + no alternative govt possible.
4. State govt defies constitutional directions of Centre.
5. Internal subversion → govt working against Constitution, fomenting revolt.
6. Physical breakdown → govt refuses to discharge constitutional obligations, endangering security.

Improper Situations (misuse):

1. Dismissing govt without testing majority on floor of assembly.
2. Governor’s own subjective assessment without assembly test.
3. Lok Sabha defeat of ruling party used as reason to dismiss state govts (1977, 1980 cases).
4. Minor internal disturbances not amounting to subversion.
5. Maladministration, corruption, financial crisis → not valid grounds.
6. No prior warning to state govt (except in extreme urgency).
7. Using Article 356 for intra-party conflicts or irrelevant political motives.

National Emergency vs President’s Rule

Think of it like this:

• National Emergency (352) → crisis at the national level (war, aggression, rebellion).
• President’s Rule (356) → crisis at the state level (failure of constitutional machinery).

Now, let’s compare them:

1. Basis of Proclamation

• National Emergency: Only if security of India (whole or part) is threatened by war, external aggression, or armed rebellion.
• President’s Rule: When state government fails to function according to Constitution. This failure may not have anything to do with war/aggression.

👉 So, 352 = external/national threat, 356 = internal/state failure.

2. Impact on State Executive & Legislature

• National Emergency: State govt and legislature continue to exist, but Centre assumes concurrent powers over them.
• President’s Rule: State govt is dismissed, legislature suspended or dissolved, and state is run by Governor under President’s directions.

👉 So, 352 = Centre shares power, 356 = Centre takes over completely.

3. Law-Making on State List

• National Emergency: Parliament can make laws on State List only by itself (no delegation).
• President’s Rule: Parliament can delegate law-making power to President or any other authority → such laws called President’s Acts.

4. Duration

• National Emergency: No maximum time limit. Can continue indefinitely with 6-monthly approval.
• President’s Rule: Maximum 3 years. Must end after that and normal govt restored.

5. Effect on Centre–State Relations

• National Emergency: Alters relation of Centre with all states.
• President’s Rule: Alters relation of Centre with only the concerned state.

6. Parliamentary Approval

• National Emergency: Approval requires special majority (majority of total membership + 2/3rd of present & voting).
• President’s Rule: Approval by simple majority (just majority of members present & voting).

7. Fundamental Rights

• National Emergency: Can affect Fundamental Rights (Articles 19 auto-suspended in certain cases, enforcement of others suspended under Article 359).
• President’s Rule: No effect on Fundamental Rights.

8. Revocation

• National Emergency: Lok Sabha can pass a resolution disapproving it → President must revoke.
• President’s Rule: Only President can revoke on his own (no Lok Sabha disapproval provision).