Article 355 imposes a duty on the Centre to ensure that the government of every state is carried on in

accordance with the provisions of the Constitution. It is this duty in the performance of which the

Centre takes over the government of a state under Article 356 in case of failure of constitutional

Machinery in state. This is popularly known as ‘President’s Rule’. It is also known as ‘State Emergency’ or

‘Constitutional Emergency’.

The President’s Rule can be proclaimed under Article 356 on two grounds:

<ul>
<li style=”margin-left:8px”>Article 356 empowers the President to issue a proclamation, if he is satisfied that a situation has</li>
</ul>

Arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. The president can act either on a report of the governor of the state or otherwise too.

<ul>
<li style=”margin-left:8px”>Article 365 says that whenever a state fails to comply with or to give effect to any direction from the Centre, it will be lawful for the president to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.</li>
<li style=”margin-left:8px”>A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue. However, if the proclamation of President’s Rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha approves it in the mean time.</li>
<li style=”margin-left:8px”>If approved by both the Houses of Parliament, the President’s Rule continues for six months. It can be extended for a maximum period of three years with the approval of the Parliament, every six months.</li>
<li style=”margin-left:8px”>However, if the dissolution of the Lok Sabha takes place during the period of six months without approving the further continuation of the President’s Rule, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided the Rajya Sabha has in the meantime approved its continuance.</li>
<li style=”margin-bottom:13px; margin-left:8px”>Every resolution approving the proclamation of President’s Rule or its continuation can be passed by either House of Parliament only by a simple majority, that is, a majority of the members of that House present and voting.</li>
</ul>

The 44th Amendment Act of 1978 introduced a new provision to put restraint on the power of

Parliament to extend a proclamation of President’s Rule beyond one year. Thus, it provided that,

beyond one year, the President’s Rule can be extended by six months at a time only when the following

two conditions are fulfilled:

<ul>
<li style=”margin-left:8px”>a proclamation of National Emergency should be in operation in the whole of India, or in the whole or any part of the state; and</li>
<li style=”margin-bottom:13px; margin-left:8px”>The Election Commission must certify that the general elections to the legislative assembly of the concerned state cannot be held on account of difficulties.</li>
</ul>

A proclamation of President’s Rule may be revoked by the President at any time by a subsequent

proclamation. Such a proclamation does not require the parliamentary approval.

Consequences of President’s Rule:

The President acquires the following extraordinary powers when the President’s Rule is imposed in a

state:

1. He can take up the functions of the state government and powers vested in the governor or any other

executive authority in the state.

2. He can declare that the powers of the state legislature are to be exercised by the Parliament.

3. He can take all other necessary steps including the suspension of the constitutional provisions relating

to anybody or authority in the state.

Therefore, when the President’s Rule is imposed in a state, the President dismisses the state council

Of ministers headed by the chief minister. The state governor, on behalf of the President, carries on the

State administration with the help of the chief secretary of the state or the advisors appointed by the

President. The President either suspends or dissolves the state legislative assembly. The Parliament

Passes the state legislative bills and the state budget.

When the state legislature is thus suspended or dissolved:

1. The Parliament can delegate the power to make laws for the state to the President or to any other

Authority specified by him in this regard,

2. The Parliament or in case of delegation, the President or any other specified authority can make laws

Conferring powers and imposing duties on the Centre or its officers and authorities,

3. The President can authorize, when the Lok Sabha is not in session, expenditure from the state

Consolidated fund pending its sanction by the Parliament, and

4. The President can promulgate, when the Parliament is not in session, ordinances for the governance

Of the state.

A law made by the Parliament or president or any other specified authority continues to be operative even after the President’s Rule. This means that the period for which such a law remains in force is not coterminous with the duration of the proclamation. But it can be repealed or altered or re-enacted by the state legislature. The constitutional position, status, powers and functions of the concerned state high court remain same even during the President’s Rule.

PRESIDENT’S RULE | GS ARTICLES

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