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Context:

Following the resignation of Manipur Chief Minister N Biren Singh, President's Rule was imposed in the state.

About President’s Rule 

President’s Rule refers to the suspension of a state government and the imposition of direct central rule in a state when the state government cannot function according to constitutional provisions.

It is invoked under Article 356 of the Indian Constitution and is also known as a "State Emergency" or "Constitutional Emergency."

• It Allows the President to impose President’s Rule if the state government cannot function as per the Constitution. This decision is based on a report from the state’s Governor or other reliable information.
• It provides another ground for President’s Rule if a state fails to comply with directions from the Union Government.

What are the grounds for imposing President’s Rule?

Inability to Elect a Chief Minister: If the state legislative assembly cannot elect a leader as Chief Minister within the Governor’s prescribed timeframe.

Breakdown of Coalition: If a coalition government collapses, and the Chief Minister loses majority support.

Loss of Confidence: If the state government loses a vote of no-confidence in the assembly.

Postponement of Elections: If elections are delayed due to war, epidemics, natural disasters, or other emergencies.

Failure to Follow Constitutional Norms: If the Governor reports that the state government is not adhering to constitutional norms.

Non-Compliance with Union Directives: If the state fails to follow directions from the Union Government under Article 365.

What is the process of imposing President’s Rule?

• The Governor of the state sends a report to the President, detailing the breakdown of constitutional machinery.
• Based on the Governor’s report or other information, the President issues a proclamation declaring President’s Rule.
• Both Houses of Parliament must approve the proclamation within two months through a simple majority.
• Duration:
  • Initially, the President's Rule lasts for six months.
  • It can be extended for up to three years, with parliamentary approval required every six months.
• The President can revoke the President's Rule at any time without parliamentary approval.

What are the consequences of President’s Rule?

The state’s Council of Ministers is dismissed, and the Chief Minister’s office becomes vacant.

The Governor administers the state on behalf of the President, assisted by advisors and the state’s Chief Secretary.

The state legislature is suspended or dissolved, and Parliament exercises its legislative powers.

The Union Government takes control of the state’s finances.

The State High Court’s powers remain unchanged.

The Election Commission must conduct state assembly elections within six months if the assembly is dissolved.

What safeguards exist to prevent misuse of the President's Rule?

The Supreme Court’s judgment in S.R. Bommai v/s Union of India (1994) established guidelines to prevent arbitrary imposition:

• The proclamation is subject to judicial review for mala fide intentions or irrelevant grounds.
• The Union Government must justify the imposition of Article 356.
• If the imposition is deemed invalid, the court can revive the dismissed state government.
• The state assembly cannot be dissolved before parliamentary approval; it can only be suspended initially.
• Corruption allegations or financial instability are not valid grounds for President’s Rule.
• Actions against secularism by a state government can justify Article 356.
• The Governor must explore forming an alternative government before recommending President’s Rule.
• Article 356 is an exceptional power and therefore it should be used only in emergencies.

Way Forward

The President Rule under Article 365 addresses the breakdown of state governance and ensures stability, however, its potential misuse has resulted in strict judicial safeguards and calls for clearer guidelines. Balancing the need for national integrity with the protection of state autonomy is essential to strengthen the constitutional framework, and ensure stability during crises.

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Source:

INDIAN EXPRESS

https://t.me/+hJqMV1O0se03Njk9