President’s Rule in India: When and How It Can Be Imposed (Article 356 Explained)

President’s Rule: President’s Rule as outlined in Article 356 of the Indian Constitution is one of the most discussed constitutional provisions in India, especially during political instability in states. It generally refers to the direct rule of the Union government over the state legislature and administration under certain conditions when the state’s constitutional machinery fails. This is a very powerful tool in the hands of the Union government which can be used whenever the necessity arises and a condition occurs where the constitutional machinery of a state government fails to work as per the constitutional norms.

Article 356: President’s Rule Overview

Check the table below to understand Article 356, its purpose, administration, and other details:

What is Article 356?

Article 356 of the Indian Constitution states that if the President of India is satisfied that a state’s constitutional machinery has been compromised, he may assume direct charge of that state. This generally means that the state government (especially the state legislature) is suspended or dissolved, and the Union government administers the state through the centrally appointed Governor and other officials.

When Can President’s Rule Be Imposed?

To impose the President’s Rule in a state, several key provisions are mentioned in the constitution. These are:

1. Failure of Constitutional Machinery

• If the state government cannot function per the Constitution, e.g., widespread law and order breakdown or political volatility.

2. Governor’s Report

• Usually, the Governor of the state, if he finds that the state cannot be governed constitutionally by the state government, submits a report to the President explaining the reason and asking for prompting the proclamation.

3. Loss of Majority / Hung Assembly

• When no party or coalition can command a majority in the state assembly, leading to a political deadlock.

• Example: Failure to elect a Chief Minister with majority support.

4. Non-Complying with Union Directions

• As per Article 365, if a state fails to comply with directions given by the Union government, then Article 356 can be invoked.

Procedure to Impose President’s Rule

The President’s Rule imposition requires an approval by the Parliament. The steps has been laid down:

1. Proclamation by President: If the President is convinced that the state has failed to comply with the constitutional provisions, he can issue a proclamation invoking Article 356.

2. Parliamentary Approval: The proclamation needs parliamentary approval within 2 months of the proclamation. Both houses of Parliament must pass a resolution with a simple majority. If not approved, the President Rule ends after two months.

3. Duration and Extension:

• Initially valid for 6 months.

• Can be extended up to three years, with Parliament’s approval every six months.

• The 44th Constitutional Amendment Act of 1978, has introduced the extension of the President’s Rule beyond one year, six months at a time with the following conditions:

  • National Emergency or

  • Certification by the Election Commission.

4. Termination: Can be revoked any time if Parliament or the President feels that constitutional governance can be restored.

What Happens During President’s Rule?

When the President Rule is imposed in any state, the President asks the Governor to manage the state affairs in his name, and the legislative powers are transferred to the Parliament. Here are some other changes that happen during the President’s Rule:

• The state assembly may be suspended or dissolved.

• The Governor administers the state on behalf of the President.

• Parliament assumes the power to legislate for the state.

• If Parliament is not in session, the President may issue ordinances regarding state governance. (Article 357)

Despite these changes, the Fundamental Rights of citizens remain unaffected.

Article 356 Landmark Supreme Court Judgements

The Supreme Court of India has scrutinized the imposition of the President’s Rule to ensure it aligns with constitutional principles. The court has played a major role in defining the boundaries of this article, preventing its misuse for political purposes. Some landmark judgments have shaped the interpretation and application of Article 356. These judgements are:

• S.R. Bommai vs Union of India (1994): In this landmark judgment, the Supreme Court has ruled that the President’s Rule is subject to judicial review

• Rameshwar Prasad Case (2006): The Supreme Court held that the recommendation for the President’s Rule should be based on objective criteria and not solely on the subjective opinion of the central government.

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