Roadmap for Answer Writing
To effectively answer the question regarding the circumstances under which President’s Rule can be imposed in a state, as well as the procedure for its imposition and its implications, follow the structured approach outlined below:
1. Introduction
- Define President’s Rule. Mention that it refers to the suspension of a state government and the imposition of direct rule by the Central Government.
- Briefly state the importance of this concept in maintaining constitutional governance in India.
2. Circumstances for Imposition
- Article 356:
- Discuss the failure of constitutional machinery as a primary ground for imposition.
- Explain that this includes the inability of the state government to govern appropriately, usually based on the Governor’s report or the President’s satisfaction.
- Article 365:
- Outline conditions such as:
- Failure of the state legislature to elect a Chief Minister.
- A coalition government’s breakdown leading to a minority situation.
- Passage of a no-confidence motion in the Legislative Assembly.
- Postponement of elections due to extraordinary circumstances (e.g., natural disasters).
- Outline conditions such as:
- Fact Source: Indian Constitution, Articles 356 and 365.
3. Procedure for Imposition
- Explain the steps involved:
- Upon meeting the conditions, the President issues a proclamation imposing President’s Rule.
- Mention that this proclamation must be approved by both Houses of Parliament within two months through a simple majority.
- State the effective duration of President’s Rule (initially six months) and the conditions for extension (maximum of three years with biannual parliamentary approval).
- Fact Source: Indian Constitution, Articles 356 and 365.
4. Implications of President’s Rule
- Discuss the immediate effects, including:
- Dismissal of the State Council of Ministers and Chief Minister.
- The Governor assuming administrative power, often with the support of the Chief Secretary or advisors.
- Suspension or dissolution of the State Legislative Assembly, with powers being transferred to Parliament.
- Address criticisms of President’s Rule and its potential misuse.
- Mention the checks introduced by the 44th Constitutional Amendment Act, which allows judicial review of the proclamation.
- Use the SR Bommai case as a pertinent example of the judicial review of President’s Rule.
- Fact Source: 44th Constitutional Amendment Act, SR Bommai case, Supreme Court of India.
5. Conclusion
- Summarize the importance of President’s Rule in the context of governance and constitutional stability.
- Emphasize the need for checks and balances to prevent misuse of this provision.
Relevant Facts with Sources
- Definition of President’s Rule:
- Fact: President’s Rule involves the suspension of the state government and the imposition of direct governance by the Central Government.
- Source: Indian Constitution.
- Grounds for Imposition:
- Fact: Under Article 356, imposition occurs when the constitutional machinery fails.
- Source: Indian Constitution, Article 356.
- Political Instability Conditions:
- Fact: Under Article 365, President’s Rule can be imposed if the legislature fails to elect a Chief Minister or in the event of a no-confidence vote.
- Source: Indian Constitution, Article 365.
- Procedure Details:
- Fact: The proclamation must be approved by both Houses of Parliament within two months.
- Source: Indian Constitution, Articles 356 and 365.
- Effects of Imposition:
- Fact: The State Council of Ministers is dismissed, and the Governor administers the state on behalf of the President.
- Source: Indian Constitution.
- Judicial Review:
- Fact: The 44th Constitutional Amendment allows proclamations to be challenged in court.
- Source: 44th Constitutional Amendment Act, SR Bommai case.
This structured approach and relevant facts will help you construct a comprehensive and organized answer.
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President’s Rule, also known as Article 356, is a constitutional provision allowing the President to take over a state’s governance in exceptional circumstances.
*Circumstances for Imposition*
1. Failure of Constitutional Machinery: Breakdown of law and order, or inability of the state government to function.
2. Loss of Majority: Ruling party loses majority in the assembly.
3. Resignation of Chief Minister: CM resigns, and no alternative government is formed.
4. Election-Related Issues: Disputes or irregularities in elections.
5. External Aggression or Internal Disturbances: Threat to national security or public safety.
6. Financial Emergency: State’s financial crisis threatens national economy.
*Procedure for Imposition*
1. Governor’s Report: Governor submits a report to the President, recommending President’s Rule.
2. Cabinet Recommendation: Union Cabinet advises the President to impose President’s Rule.
3. Presidential Proclamation: President issues a proclamation, assuming state’s governance.
4. Parliament Approval: Proclamation must be approved by both Houses within two months.
*Implications*
1. Dissolution of State Assembly: Assembly is dissolved, and elections are held within six months.
2. Central Rule: President appoints a Governor to administer the state.
3. Suspension of State Autonomy: State’s legislative and executive powers are transferred to the Center.
4. Financial Control: Center takes control of state finances.
5. Constitutional Emergency: Fundamental rights may be suspended.
*Limitations*
1. Maximum Duration: President’s Rule cannot exceed three years.
2. Judicial Review: Courts can review the proclamation’s validity.
3. Parliamentary Oversight: Proclamation is subject to parliamentary approval.
*Important Cases*
1. Bommai vs. Union of India (1994): SC established guidelines for President’s Rule.
2. R.C. Poudyal vs. Union of India (1994): SC clarified Governor’s role.
Introduction
President’s Rule, as established by Article 356 of the Indian Constitution, provides that a state government may be suspended and direct rule enforced by the Central Government. The above provision ensures constitutional governance when a state government fails to function according to constitutional norms.
Grounds for Imposition:
1. Article 356: The President’s Rule can be invoked when the constitutional machinery has broken down in the state. This normally happens on the report of the Governor or on the satisfaction of the President that the state Government cannot be carried on in terms of the Constitution.
2. Article 365: In addition to the aforementioned, the failure of the state legislature to elect a Chief Minister, a break in the coalition resulting in a minority, passing of a no-confidence motion, or the adjournment of elections because of unforeseen circumstances, such as natural disasters.
Procedure of Levy:
A Proclamation of President’s Rule, within two months the simple majority in two Houses of the Parliament ratify The President declares, Initially valid for six months and parliamentary approval for each six months but up to three years.
Implications of President’s Rule:
The State Council of Ministers and Chief Minister are dismissed, and the Governor assumes the position with the help of state officials or advisors. The State Legislative Assembly is suspended or dissolved, and all powers are conferred upon Parliament. Judicial checks like the SR Bommai case and the 44th Constitutional Amendment allow reviewing such proclamations so that they cannot be misused. Conclusion: What is important is that the President’s Rule, however desirable to the administration of constitutional governance, cannot be placed outside the purview of judicial review.
Introduction
President’s Rule, as established by Article 356 of the Indian Constitution, provides that a state government may be suspended and direct rule enforced by the Central Government. The above provision ensures constitutional governance when a state government fails to function according to constitutional norms.
Grounds for Imposition:
1. Article 356: The President’s Rule can be invoked when the constitutional machinery has broken down in the state. This normally happens on the report of the Governor or on the satisfaction of the President that the state Government cannot be carried on in terms of the Constitution.
2. Article 365: In addition to the aforementioned, the failure of the state legislature to elect a Chief Minister, a break in the coalition resulting in a minority, passing of a no-confidence motion, or the adjournment of elections because of unforeseen circumstances, such as natural disasters.
Procedure of Levy:
A Proclamation of President’s Rule, within two months the simple majority in two Houses of the Parliament ratify The President declares, Initially valid for six months and parliamentary approval for each six months but up to three years.
Implications of President’s Rule:
The State Council of Ministers and Chief Minister are dismissed, and the Governor assumes the position with the help of state officials or advisors. The State Legislative Assembly is suspended or dissolved, and all powers are conferred upon Parliament. Judicial checks like the SR Bommai case and the 44th Constitutional Amendment allow reviewing such proclamations so that they cannot be misused. Conclusion: What is important is that the President’s Rule, however desirable to the administration of constitutional governance, cannot be placed outside the purview of judicial review.
Introduction
President’s Rule, as established by Article 356 of the Indian Constitution, provides that a state government may be suspended and direct rule enforced by the Central Government. The above provision ensures constitutional governance when a state government fails to function according to constitutional norms.
Grounds for Imposition:
1. Article 356: The President’s Rule can be invoked when the constitutional machinery has broken down in the state. This normally happens on the report of the Governor or on the satisfaction of the President that the state Government cannot be carried on in terms of the Constitution.
2. Article 365: In addition to the aforementioned, the failure of the state legislature to elect a Chief Minister, a break in the coalition resulting in a minority, passing of a no-confidence motion, or the adjournment of elections because of unforeseen circumstances, such as natural disasters.
Procedure of Levy:
A Proclamation of President’s Rule, within two months the simple majority in two Houses of the Parliament ratify The President declares, Initially valid for six months and parliamentary approval for each six months but up to three years.
Implications of President’s Rule:
The State Council of Ministers and Chief Minister are dismissed, and the Governor assumes the position with the help of state officials or advisors. The State Legislative Assembly is suspended or dissolved, and all powers are conferred upon Parliament. Judicial checks like the SR Bommai case and the 44th Constitutional Amendment allow reviewing such proclamations so that they cannot be misused. Conclusion: What is important is that the President’s Rule, however desirable to the administration of constitutional governance, cannot be placed outside the purview of judicial review.
Introduction
Imposition of the President’s rule is a state of government in which the constitution provided for the suspension of a state government in its entirety in favor of central control. It exists to ensure that constitutionalism prevails in india in situations when a state’s government fails.
Reasons for the Imposition
The imposition of President’s rule has been made under article 356 which states that if there is a complete failure of constitutional machinery in a state as may be communicated by the governor or deputy governor or Head of the State, then the president has the power to stand in the state. Other clauses are in article 365 and they are. , Or, for example:
Procedure for Imposition
But if these conditions are satisfied, the proclamation is made which is named as President’s Rule proclamation. After the Proclamation 2 months is granted for both the Houses of Parliament to approve it by a simple majority. President’s rule is valid for the first six months but this can be renewed for three years ensuring that the parliament approves this action every six months.
Consequences of the Imposition of President’s Rule
The president’s rule results in the removal of the state council of ministers and chief minister, the government’s power is transferred to the governor, sometimes the chief secretary or advisors. The State Legislative Assembly may be suspended or dissolved, transferring its powers to Parliament. The 44th Constitutional Amendment Act introduced checks, allowing judicial review of such proclamations, exemplified in the SR Bommai case.
Conclusion
President’s Rule ensures stability and governance; however, constitutional checks are crucial to prevent its misuse.
Model Answer
Circumstances for Imposition of President’s Rule
President’s Rule refers to the suspension of the state government and the imposition of direct governance by the Central Government. It can be imposed under two primary circumstances:
Procedure for Imposition
Upon fulfilling the stipulated conditions, the President issues a proclamation imposing President’s Rule, which must be approved by both Houses of Parliament within two months through a simple majority. The rule remains effective for six months and can be extended for a maximum of three years with parliamentary approval every six months (Source: Indian Constitution, Articles 356 and 365).
Effects of President’s Rule
When President’s Rule is enacted, the State Council of Ministers, including the Chief Minister, is dismissed. The Governor assumes administrative authority on behalf of the President, often with the assistance of the Chief Secretary or appointed advisors. The State Legislative Assembly may be suspended or dissolved, with its powers delegated to Parliament, which may also confer these powers directly to the President (Source: Indian Constitution).
Criticism has arisen regarding the misuse of President’s Rule, leading to the 44th Constitutional Amendment Act, which allows such proclamations to be challenged in court. The Supreme Court’s verdict in the SR Bommai case asserted that such proclamations are subject to judicial review, thus checking potential misuse (Source: SR Bommai case, Supreme Court of India).
Introduction
President’s rule is suspension of the state government and imposes direct central government rule to a state. Article 356 which deals with presidents’ rule was adopted by Constituent Assembly with the abnormal situation the country was facing to pass through like communal riots, refugee influx, and the Telangana Armed Rebellion, and much more.
President’s Rule: Conditions for Constitution Article 355 explicitly states that the central government is entrusted with the responsibility to defend every state from external aggression and internal disturbances, in addition to ensuring that the government of every state adheres to the Constitution. In case some state government fails to do so, the central government can take over under Article 356. This becomes President’s Rule.
Article 356: President can issue President’s Rule in case he thinks that the state government is incapable of acting in terms of the Constitution. He can do it with or without the Governor’s report.
Article 365: If the Centre’s directives are not obeyed by the state, the President can proclaim that the state government cannot function according to the Constitution.
Duration of President Rule and Parliamentary Sanction
A proclamation of President’s Rule must receive the approval of both Houses of Parliament within two months. If the Lok Sabha is dissolved within this timeframe, the proclamation remains effective until 30 days from the first sitting of a new Lok Sabha, subject to approval by the Rajya Sabha in the interim.
If both Houses of the Parliament agree, the President’s Rule is in place for six months. It is extendable up to a period of three years as well with the approval by the Parliament every six months. If the Lok Sabha was dissolved in this period of time without agreeing to any extension, the rule prevails for 30 days after the new Lok Sabha has assembled, provided it has been approved by the Rajya Sabha.
Implications
• Effects on Executive Power– President can assume the powers of the state government.
• The president dissolves the state council of ministers constituted by the chief minister.
• The state governor represents the President and performs the state running. • Exercise of Legislative Power – the presidency suspends or dissolves the state legislative assembly. • The Parliament adopts the state legislative drafts and the state budget. • The laws made by the Parliament will be in force even during the period of President’s Rule.
The emergency provisions are contained in Part XVIII of the constitution, from Article 352 to 360.
The President rule can be proclaimed under Article 356 on two grounds- one mentioned in Article 356 itself and another is Article 365:
Procedure for its imposition-:
a) a proclamation of National Emergency should be in operation in the whole of India or in the whole or any part of the state.
b) the Election Commission must certify that the general elections to the legislative assembly of the concerned state cannot be held on the account of difficulties.
Consequences of President Rule:
These powers are vested on President to safeguard the constitutional provisions in the state but these power directly challenge the federal character of the state and inclines towards the dictatorial motives too.