President’s Rule (Article 356): Grounds, Procedure & Impact

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President’s Rule (Article 356): Grounds, Procedure & Impact

President’s Rule / State Emergency (Article 356)

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President’s Rule refers to the imposition of Central Government’s direct control over a state under Article 356 of the Constitution, when the constitutional machinery of that state has broken down.

Grounds for Imposition of President’s Rule

The imposition of President’s Rule is derived from the Centre’s constitutional duty under Article 355 to ensure that the governance of every state is carried on in accordance with the Constitution.
President’s Rule (also known as State Emergency or Constitutional Emergency) can be imposed under two constitutional provisions:
Article 356
- Empowers the President to impose President’s Rule if satisfied that the government of a state cannot be carried on in accordance with the Constitution.
- The President may act on the Governor’s report, or even without it.
Article 365
- States that if a state fails to comply with or implement any direction given by the Centre, the President may deem that the constitutional machinery in the state has failed.
📝 Note: Article 365 acts as a trigger mechanism that enables the application of Article 356.

Parliamentary Approval and Duration of President’s Rule

Under Article 356, once a proclamation imposing President’s Rule is issued, it must be approved by both Houses of Parliament within two months from the date of its issuance.
Special Case – Lok Sabha Dissolution:
- If the proclamation is made while the Lok Sabha is dissolved or it dissolves before approval, the proclamation continues to operate until 30 days from the first sitting of the newly reconstituted Lok Sabha, provided Rajya Sabha approves it in the meantime.
Duration and Extension:
- If approved by Parliament, President’s Rule continues for six months.
- It can be extended every six months, up to a maximum of three years, with repeated parliamentary approval.
Simple Majority Required:
- Every resolution—whether to approve or extend the proclamation—requires only a simple majority (i.e., a majority of members present and voting in each House).
Restrictions on Extension Beyond One Year (44th Amendment)
- To prevent misuse of Article 356, the 44th Constitutional Amendment Act, 1978 imposed safeguards:
  - Beyond one year, President’s Rule can only be extended if:
    - A National Emergency is in operation in the whole of India or the whole/part of the concerned state, AND
    - The Election Commission certifies that free and fair elections to the state legislative assembly cannot be held due to specific difficulties.
Revocation of President’s Rule
- The President can revoke the proclamation at any time through another proclamation.
- Parliamentary approval is not required for revocation.

Consequences of President’s Rule

When President’s Rule is imposed under Article 356, the President of India assumes extraordinary powers to ensure governance in the state where constitutional machinery has failed.

Key Effects and Powers of the President:

Executive Authority Assumed
- The President can assume all executive functions of the state, including powers vested in the Governor or any executive authority.
Legislative Powers Shifted to Parliament
- The President can declare that the functions of the State Legislature will be performed by the Parliament.
Suspension of State Bodies
- The President can take any necessary action, including suspension of constitutional provisions relating to state bodies or authorities.
Impact on State Government:
- The state council of ministers is dismissed.
- The Governor (acting on behalf of the President) runs the administration, assisted by the Chief Secretary or Presidential Advisors.
- The State Legislative Assembly is either suspended or dissolved.
- The Parliament passes state bills and budgets during this period.
Legislative & Financial Administration During President’s Rule:
- When the State Legislature is suspended or dissolved:
  - The Parliament can delegate the power to legislate for the state to the President or any authority specified by him.
  - The President or delegated authority can confer powers or duties on Central officials regarding state matters.
  - The President can authorize expenditure from the State Consolidated Fund when the Lok Sabha is not in session (subject to later parliamentary approval).
Continuity of Laws:
- Any law made by the Parliament, President, or delegated authority during President’s Rule continues to remain in force even after the rule ends, unless repealed, amended, or re-enacted by the newly elected State Legislature.
What the President Cannot Do:
- The President cannot assume the powers of the State High Court, nor can he suspend the constitutional provisions related to it. Thus, the status, independence, and functions of the High Court remain intact, even during President’s Rule.

Use and Misuse of Article 356 (President’s Rule)

Article 356, intended as a safeguard to uphold constitutional governance in states, has often been invoked for political purposes, drawing criticism for being misused rather than used as a “last resort.”
Frequency of Imposition:
- Since 1950, President’s Rule has been imposed over 125 times. Nearly every state in India has come under it at least once.
First Instance:
- The first imposition of President’s Rule occurred in Punjab in 1951.
Political Misuse – Examples:
- 1977: After the Janata Party came to power post-Emergency, President’s Rule was imposed in 9 Congress-ruled states, citing that they no longer represented the people’s mandate.
- 1980: The Congress Party, upon returning to power, repeated the same action in 9 Janata-ruled states, using similar justification.
- 1992: President’s Rule was imposed in three BJP-ruled states—Madhya Pradesh, Himachal Pradesh, and Rajasthan—for not sincerely implementing the Centre’s ban on religious outfits.
Bommai Case (1994) – Landmark Judgment:
- The Supreme Court upheld the validity of the 1992 proclamation, stating that secularism is a basic feature of the Constitution.
- But, the court did not uphold the validity of the imposition of the President’s Rule in Nagaland in 1988, Karnataka in 1989 and Meghalaya in 1991.
- This judgment laid down strict guidelines for imposing Article 356 and emphasized judicial review of such proclamations.

Dr. B.R. Ambedkar’s Vision:

During the Constituent Assembly debates, Ambedkar expressed hope that Article 356 would be used sparingly:
- “The proper thing we ought to expect is that such Articles will never be called into operation and that they would remain a dead-letter. If at all they are brought into operation, I hope the President… will take proper precautions before actually suspending the administration of the province.”
From Dead-Letter to Deadly Weapon:
- Despite the original intent, Article 356 became a frequently invoked and misused tool by ruling parties at the Centre to dismiss opposition-led state governments.
As Constituent Assembly member H.V. Kamath aptly remarked:
- “Dr. Ambedkar is dead and the Articles are very much alive.”

Scope of Judicial Review of President’s Rule

Article 356 empowers the President to impose President’s Rule in a state based on the satisfaction that the government of the state cannot function according to the provisions of the Constitution.
- However, the question arises—can this “satisfaction” be challenged in court?
38th Constitutional Amendment Act, 1975:
- Declared that the President’s satisfaction in issuing a proclamation under Article 356 was final and not subject to judicial review.
- This effectively barred courts from examining the validity of the proclamation.
44th Constitutional Amendment Act, 1978:
- Revoked the above provision, thereby restoring judicial review over the President’s satisfaction.
- This move was driven by concerns over the misuse of Article 356, especially during the Emergency period (1975–77).

S.R. Bommai Judgment: Landmark Verdict on President’s Rule (1994)

The S.R. Bommai v. Union of India case is one of the most significant constitutional verdicts delivered by the Supreme Court. It redefined the scope and limits of Article 356 and fortified the spirit of federalism in India.

Background:

The case arose after the dismissal of several state governments under Article 356 by the Centre, prompting a legal challenge. The judgment laid down strict guidelines to curb misuse of President’s Rule.

Key Principles Laid Down by the Supreme Court:

Judicial Review is Permissible:
- The President’s proclamation under Article 356 is not beyond judicial scrutiny.
- The Court can examine whether the material on which the satisfaction was based is relevant and not mala fide or extraneous.
- High Courts and Supreme Court have jurisdiction to strike down the proclamation.
Limits on President’s Powers:
- The power to dissolve the state assembly is not absolute.
- The President can only suspend the Legislative Assembly pending parliamentary approval.
- If Parliament does not approve the proclamation, the Assembly and Council of Ministers must be restored.
Consequences of Invalidation:
- If the Court strikes down the proclamation:
  - The Legislative Assembly and Council of Ministers are revived.
  - However, all laws made and actions taken during the proclamation period remain valid (doctrine of de facto validity).

Other Significant Observations:

Supremacy of Floor Test:
- The floor test is the only conclusive method to determine whether a government enjoys the majority in the House.
Strict Grounds for Imposition:
- Breakdown of constitutional machinery, not administrative failure, is the only valid ground for invoking Article 356.
Based on the Sarkaria Commission Report (1988), the Supreme Court clarified instances where the exercise of power under Article 356 (President’s Rule) would be considered proper or improper:
- Proper Use: When a state government disregards the constitutional directions issued by the Central Government under Article 365, thereby violating constitutional obligations.
- Improper Use: When the state government is not given a prior opportunity or warning to correct its course, except in cases of extreme urgency where immediate action is necessary to prevent disastrous consequences.
Basic Structure Doctrine Reinforced:
- The Court reaffirmed that Secularism, Democracy, and Federalism are basic features of the Constitution.

Constitutional Provisions

Article 355 in Constitution of India

Duty of the Union to protect States against external aggression and internal disturbance

It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution.

Article 356 in Constitution of India

Provisions in case of failure of constitutional machinery in State

(1)If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation-

(a)assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;

(b)declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;

(c)make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State:

Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.

(2)Any such Proclamation may be revoked or varied by a subsequent Proclamation.

(3)Every Proclamation under this article shall be laid before each house of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.

(4)A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of issue of the Proclamation:Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which under this clause it would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force for more than three years:Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People:Provided also that in the case of the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab, the reference in the first proviso to this clause to “three years” shall be construed as a reference to five years.

(5)Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such proclamation shall not be passed by either House of Parliament unless–

(a)a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and

(b)the Election Commission certifies that the continuance in force of the Proclamation approved under clause (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned:

Provided that nothing in the clause shall apply to the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab

Article 357 in Constitution of India

Exercise of legislative powers under Proclamation issued under article 356

(1)Where by a Proclamation issued under clause (1) of article 356, it has been declared that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament, it shall be competent-

(a)for Parliament to confer on the President the power of the Legislature of the State to make laws, and to authorise the President to delegate, subject to such conditions as he may think fit to impose, the power so conferred to any other authority to be specified by him in that behalf;

(b)for Parliament, or for the President or other authority in whom such power to make laws is vested under sub-clause (a), to make laws conferring powers and imposing duties, or authorising the conferring of powers and the imposition of duties, upon the Union or officers and authorities thereof;

(c)for the President to authorise when the House of the People is not in session expenditure from the Consolidated Fund of the State pending the sanction of such expenditure by Parliament.

(2)Any law made in exercise of the power of the Legislature of the State by Parliament or the President or other authority referred to in sub-clause (a) of clause (1) which Parliament or the President or such other authority would not, but for the issue of a Proclamation under article 356, have been competent to make shall, after the Proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent Legislature or other authority.

Article 365 in Constitution of India

Effect of failure to comply with, or to give effect to, directions given by the Union

Where any State has failed to comply with or to give effect to any directions given in the exercise of the executive power of the Union under any of the provisions of this Constitution, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution.

President’s Rule, while constitutionally valid, represents a breakdown of the democratic mandate at the state level. It is meant to be an extraordinary measure, not a routine political tool. Post the S.R. Bommai judgment and 44th Amendment safeguards, its use has become more restrained and regulated, ensuring the balance between constitutional authority and federal principles.

FAQs

1. What is President’s Rule in a state?

President’s Rule refers to the imposition of State Emergency under Article 356 of the Constitution, wherein the President takes over the executive functions of a state when the constitutional machinery fails.

2. On what grounds can President’s Rule be imposed?

It can be imposed on two grounds:

Article 356: When the President is satisfied that the government of the state cannot be carried on in accordance with the Constitution.
Article 365: When a state fails to comply with the directions of the Centre.

3. Who recommends the imposition of President’s Rule?

While the Governor’s report is the usual basis, the President can act “otherwise too”, i.e., even without such a report.

4.Does the High Court in the state continue to function during President’s Rule?

Yes. The powers and functioning of the High Court remain untouched. The President cannot assume judicial powers.

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