How does a President’s rule function?

(Source – The Hindu, International Edition – Page No. – 10)

Topic: GS2 – Indian Polity

Context

President’s Rule has been established in Manipur due to ongoing violence and political instability. The State government’s inability to function led to this decision.

Constitutional Basis for President’s Rule

Emergency provisions in the Indian Constitution protect the country’s sovereignty, unity, and security. The Constitution provides for three types of emergencies: National Emergency (Article 352) – Declared during war, external aggression, or armed rebellion. State Emergency (Article 356) – Commonly known as President’s Rule, imposed when a State government cannot function according to the Constitution. Financial Emergency (Article 360) – Declared during a financial crisis. In Manipur, a “State Emergency” under Article 356 has been declared. Article 355 obligates the Union to protect States from external aggression and internal disturbances.

Process of Imposing President’s Rule

• Article 356 allows the President to take over the State’s executive functions if the government fails constitutionally.

• The President acts based on a report from the Governor or other sources.

• Once imposed, the State government loses executive power, and the legislature is suspended.

• Parliament assumes the power to legislate for the State.

Approval and Duration of President’s Rule

• The proclamation must be approved by both Houses of Parliament within two months.

• If approved, it lasts six months but can be extended in six-month intervals.

• Extensions beyond one year require:

  • A National Emergency in the country or part of the State.

  • The Election Commission’s certification that elections cannot be held.

• President’s Rule cannot last more than three years.

Difference Between National Emergency and President’s Rule

Aspect	National Emergency (Article 352)	President’s Rule (Article 356)
Imposition Reason	Security threats like war or armed rebellion	State government failure to function constitutionally
Duration	Can last indefinitely with parliamentary approval	Requires simple majority for extension, cannot exceed 3 years
Parliamentary Approval	Needs a special majority	Requires a simple majority
State Government Function	State governments continue to function	State executive is dismissed
Assembly Status	Assembly remains functional	Assembly may be placed under suspended animation
Revival of Assembly	No provision for revival	Assembly can be revived if political stability is restored

Impact on Fundamental Rights

• President’s Rule does not suspend fundamental rights.

• During a National Emergency, Article 19 (freedom of speech and expression) is suspended.

• Under President’s Rule, the President controls the State through the Governor and advisers.

• The President can authorize State expenditure under Article 357.

Frequency of President’s Rule in India

• President’s Rule has been imposed 134 times in different States and Union Territories since 1950.

• The first instance was in Punjab in June 1951.

• Manipur has experienced it 11 times, making it one of the most affected States.

• The longest President’s Rule in Manipur lasted over two years and 157 days (1969–1972).

• Jammu & Kashmir has had the longest cumulative President’s Rule, lasting over 12 years (4,668 days) due to security concerns.

Judicial Review and Limitations on President’s Rule

• Initially, courts upheld frequent use of President’s Rule.

• In 1994, the Supreme Court redefined its scope in a landmark case.

• The Court ruled that:

  • Article 356 should be used only as a last resort.

  • The Centre must issue a warning before dismissing a State government.

  • President’s Rule is subject to judicial review and can be struck down if misused.

  • Parliament’s approval is needed before dissolving a State Assembly.

  • It must be invoked only for a breakdown of constitutional machinery, not for political reasons.

Conclusion

• President’s Rule is a constitutional provision meant for crises but has been frequently used.

• Judicial rulings now ensure stricter checks to prevent misuse.

• Manipur’s case highlights ongoing instability and the need for political resolution.

Practice Question: Discuss the differences between National Emergency and President’s Rule in India, with reference to their imposition, duration, and impact on state governance. (250 Words /15 marks)