Article 356 of Indian Constitution: Provisions in case of failure of constitutional machinery in States
Article 356 of Indian Constitution
Original Text:
(1) If the President, on receipt of a report from the Governor 2*** of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation.
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor 1*** or anybody or authority in the State other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;
(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to anybody or authority in the State:
Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.
(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.
(3) Every Proclamation under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament: Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.
(4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of 1[six months from the date of issue of the Proclamation]:
Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of [six months] from the date on which under this clause it would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force for more than three years:
Provided further that if the dissolution of the House of the People takes place during any such period of 2[six months] and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People:
[Provided also that in the case of the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab, the reference in the first proviso to this clause to “three years” shall be construed as a reference to 4[five years].]
(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such Proclamation shall not be passed by either House of Parliament unless—
(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and
(b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned:]
[Provided that nothing in this clause shall apply to the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab.]
Article 356 of Indian Constitution Explanation:
President rule or state emergency is imposed in the case of failure of the Constitutional machinery in the state. The Constitution has, under Article 356 of Indian Constitution, provided for the President’s rule in states under certain circumstances. However, the Constitution does not use the term ‘emergency’ in this case.
The Centre can impose presidential rule on states under Article 356 of Indian Constitution in two conditions:
- If the President of India is satisfied that a situation has arisen in which the state cannot function in accordance with the provisions of the Constitution. In such cases, the President can act either on the Governor’s report or on Suo Moto cognizance (Article 356 of Indian Constitution).
- When a state fails to comply with or to implement any direction from the Centre, it shall be lawful for the President to hold that a situation has arisen in which the Government of the State cannot function in accordance with the provisions of Article 365 of Indian Constitution.
Effects of State Emergency
When a state emergency is imposed on a state, the President dismisses the state council of ministers chaired by the Chief Minister. The state Governor runs the state administration on behalf of the President. However, the judicial dispensation in the state is not affected by the state emergency, and its powers, status, and functions remain the same.
The President can either suspend or dissolve the legislative assembly.
Effect on Legislative powers
- During the Proclamation of the President’s Rule in a State, the Parliament is empowered to legislate on subjects mentioned in the state list. The President can also promulgate ordinances for the governance of the state.
- Unlike the National Emergency, where the Parliament can make law on state subjects by itself, here, the Parliament can delegate the state’s legislative powers to any authority. As per convention, the President make laws in consultation with the Member of Parliament of that state. Such laws are called as President’s Acts. Such laws continue to be valid even after the termination of the President’s rule.
Effect on Administrative Powers
- The President is authorized to carry out all of the Governor‘s duties as well as those of any other executive authority in the state.
- Effect on Financial Powers
- The Parliament passes the budget of the state. In case the Loksabha is not in session, the President authorizes the expenditure from the state consolidated fund, pending its sanction by the Parliament.
Approval, Duration & Revocation of State Emergency
Approval: Like in a National Emergency, a proclamation to impose the President’s Rule in a state must be approved by both houses of the Parliament (by simple majority) within two months.
However, in case the Loksabha is dissolved, or dissolution takes place within two months without approving the Proclamation of state emergency, then the Proclamation survives until the first 30 days of the reconstitution of the lower house, provided that the upper house has approved it in the meantime.
Duration: If approved, the President’s rule continues for six months. It can be extended for a maximum of three years, with the approval of the Indian Parliament every 6 months. (The 68th Constitutional Amendment extended the duration of the President’s rule in Punjab for 5 years.)
- 44th Constitutional Amendment: The Amendment provided that the President’s Rule can be extended beyond one year only if it fulfils certain conditions.
- A National Emergency is in operation in the whole of India or in the whole or any part of the state.
- The Election Commission of India must acknowledge that Elections of legislative assembly cannot be held due to certain circumstances.
Revocation: The President can revoke the Proclamation on his own without requiring any Parliamentary approval. Unlike National Emergency, there is no provision for Lok Sabha to pass a resolution to revoke the President’s rule.
Scope of Judicial Review
The 38th Constitutional Amendment of 1975 made the satisfaction of the President final and conclusive, which means it could not be challenged in any court. However, these provisions were repealed by the 44th Amendment Act.
List of Amendment in Article 356 of Indian Constitution:
| Amendment | Description |
| Seventh Amendment Act, 1956 | The word “or Rajpramukh” omitted by the constitution. |
| 38th Constitutional Amendment, 1975 | The 38th Constitutional Amendment of 1975 made the satisfaction of the President final and conclusive, which means it could not be challenged in any court. However, these provisions were repealed by the 44th Amendment Act. |
| 44th Constitutional Amendment, 1978 |
The Amendment provided that the President’s Rule can be extended beyond one year only if it fulfils certain conditions. · A National Emergency is in operation in the whole of India or in the whole or any part of the state. · The Election Commission of India must acknowledge that Elections of legislative assembly cannot be held due to certain circumstances. |
