President’s Rule in India

GS2-GOVERNANCE 

Context: The possibility of President’s Rule being imposed in Manipur has arisen following the resignation of Chief Minister N. Biren Singh, as the BJP struggles to reach a consensus on a new leader.

What is President’s Rule?

President’s Rule refers to a situation where the state government is suspended, and direct control is assumed by the central government. This occurs when the state administration is unable to function in accordance with constitutional provisions. It is enforced under Article 356 of the Indian Constitution when the President determines that governance in the state cannot continue as per constitutional norms.

Constitutional Provisions

• Article 356: Authorizes the President to impose central rule in a state in case of constitutional failure.
• Article 365: Allows the President to assume that the state government is incapable of functioning if it fails to comply with directives issued by the Centre.

Grounds for Imposing President’s Rule

1. Breakdown of Constitutional Machinery: When the state government is unable to govern as per the Constitution.
2. Non-Compliance with Central Directives: If the state disregards instructions from the Union government under Article 256.
3. Governor’s Recommendation: If the Governor reports political instability or a law-and-order crisis, justifying central intervention.
4. Other Factors: Political deadlock, loss of majority, or inability to hold elections.

Procedure for Imposition

1. Governor’s Report: The Governor submits a report to the President highlighting the state’s governance crisis.
2. Presidential Proclamation: The President issues an order enforcing President’s Rule, initially for two months.
3. Parliamentary Approval: The proclamation must be ratified by both Lok Sabha and Rajya Sabha within two months to remain in effect.
4. Duration: Initially valid for six months, it can be extended up to three years, subject to parliamentary approval every six months.
5. Extension Beyond One Year: Permitted only if:
   • A National Emergency is in force.
   • The Election Commission confirms that elections cannot be conducted in the state.

Effects of President’s Rule

On State Executive:

• The Governor assumes full executive authority on behalf of the President.
• The Chief Minister and Council of Ministers are dismissed.
• State administration is managed by bureaucrats under the Centre’s direction.

On State Legislature:

• The State Legislative Assembly is either dissolved or suspended.
• Legislative authority is transferred to Parliament, which can pass laws on behalf of the state.
• The President can issue ordinances if Parliament is not in session.

On Judiciary:

• The High Court continues to function independently.
• The judiciary remains unaffected, upholding constitutional provisions.

On Fundamental Rights:

• President’s Rule does not directly infringe on fundamental rights.
• State governance remains bound by constitutional protections.
• In extreme situations, civil liberties may be restricted if law-and-order conditions deteriorate.