PRESIDENT’S RULE

The term “President’s Rule” refers to the imposition of central (or Union) government rule in a state in India, in case of failure of the constitutional machinery in that state. The provision for President’s Rule is outlined in Article 356 of the Indian Constitution. This is also known as the provision for the imposition of State Emergency. It is distinct from a National Emergency under Article 352.

Grounds for Imposing President’s Rule:

1. Failure of Constitutional Machinery:
   • The primary ground for the imposition of President’s Rule is if the President, on the report of the Governor of the state or otherwise, is satisfied that the governance in the state cannot be carried out according to the provisions of the Constitution.
2. Breakdown of Law and Order:
   • If there is a breakdown of law and order in a state, and the government is unable to control the situation, it might be considered a failure of constitutional machinery.

Process of Imposing President’s Rule:

1. Governor’s Report:
   • The process usually begins with the Governor of the state sending a report to the President, expressing the failure of constitutional machinery in the state.
2. President’s Satisfaction:
   • The President may invoke Article 356 only if they are satisfied that the situation in the state warrants the imposition of President’s Rule.
3. Recommendation by the Cabinet:
   • The President typically acts on the advice of the Union Cabinet while deciding to impose President’s Rule.
4. Proclamation of President’s Rule:
   • Once the President is satisfied, they issue a proclamation imposing President’s Rule in the state. This proclamation is then sent to the Governor of the state.
5. Suspension of State Government:
   • On the issuance of the proclamation, the elected state government is temporarily suspended, and the Governor, acting on behalf of the President, assumes executive authority.

Effects of President’s Rule:

1. Governor’s Rule:
   • The Governor, representing the President, takes charge of the state administration, and the elected government is temporarily dissolved.
2. Dissolution of State Legislative Assembly:
   • The President may dissolve the state legislative assembly or keep it in suspended animation, depending on the circumstances.
3. Parliamentary Approval:
   • The proclamation of President’s Rule must be approved by both houses of Parliament within two months.
4. Duration:
   • The initial proclamation of President’s Rule is valid for six months. It can be extended with parliamentary approval for a maximum period of three years.
5. State Government’s Dismissal:
   • The President’s Rule doesn’t necessarily result in the dismissal of the state government. If the situation improves, and the President is satisfied, the state government can be restored before the expiry of the period.

Criticisms and Controversies:

1. Potential for Misuse:
   • The provision has been criticized for its potential misuse by the central government to dismiss state governments on political grounds.
2. Federalism Concerns:
   • The imposition of President’s Rule raises concerns about the federal structure of the country as it involves the central government taking control of the administration in a state.

While President’s Rule is a constitutional provision meant to address exceptional circumstances, its use has been a subject of debate, and there have been instances where its invocation has been controversial and led to political debates. The Constitution includes safeguards to ensure that the provision is not misused and that the state government is restored as soon as the situation permits.