Manipur Political Crisis: BJP Weighs Options to Avoid President’s Rule
(Source – Indian Express, Section – Explained- Page No. – 16)
|
Topic: GS2 – Polity |
|
Context |
|
Analysis of the news:
Article 356 and Its Implications
-
President’s Rule under Article 356 transfers the state’s governance to the Centre, while the state legislature’s functions are taken over by Parliament.
-
The High Court’s jurisdiction remains unaffected.
-
The process begins when the President, based on the Governor’s report, determines that the state government cannot function per constitutional provisions.
-
The proclamation lasts for two months and must be ratified by both Houses of Parliament for extensions up to a maximum of three years, subject to conditions like national or state emergencies or Election Commission certification.
Historical Precedence of President’s Rule
-
Since 1950, President’s Rule has been imposed 134 times across 29 states and UTs, with Manipur and Uttar Pradesh experiencing it 10 times each.
-
Jammu & Kashmir holds the record for the longest duration (over 12 years), followed by Punjab (over 10 years) and Puducherry (over 7 years).
-
The latest instance was in Puducherry in 2021 due to a failed confidence vote.
Supreme Court’s Stand on President’s Rule
-
The landmark S R Bommai v Union of India (1994) case established that the imposition of President’s Rule is subject to judicial review.
-
The court ruled that while the President’s decision remains subjective, the material basis for the proclamation must be legally sound.
-
The judgment also limited the scope of President’s Rule by ensuring the state government’s complete dismissal required parliamentary approval within two months.
-
Justice B P Jeevan Reddy emphasized protecting states’ autonomy, asserting that states are not mere extensions of the Centre. Post-Bommai, instances of President’s Rule have declined significantly.
|
President’s Rule Key Recommendations |
|
Over the years, various commissions have examined the imposition of the President’s Rule and provided recommendations to ensure its appropriate use and safeguard against potential misuse. Two significant commissions in this regard are the Sarkaria Commission and the Punchhi Commission.
|
|
PYQ: Which of the following are not necessarily the consequences of the proclamation of the President’s rule in a State? (UPSC Prelims 2017)
Select the correct answer using the code below: (a) 1 and 2 only (b) 1 and 3 only (c) 2 and 3 only (d) 1, 2 and 3 Ans: (b) |
|
Practice Question: Discuss the constitutional provisions, historical instances, and judicial interpretations of President’s Rule in India. How has the Supreme Court’s verdict in S R Bommai v Union of India (1994) impacted its imposition? (150 Words /10 marks) |
