Polity
President Rule Article 356
About
The President Rule Article 356, also referred to as the Governor’s Rule, refers to a period whilst the constitutional equipment in a State has failed, and the State government is not able to function in accordance with the provisions of the Constitution.
Constitutional Provisions Related to President’s Rule
Article 355 to Article 357 in Part XVIII and Article 365 in Part XIX of the Indian Constitution are related to the President’s Rule.
| Articles | Subject – Matter |
| Article 355 | Duty of the Union to shield States in opposition to outside aggression and inner disturbance |
| Article 356 | Provisions in case of failure of Constitutional Machinery in States |
| Article 357 | Exercise of legislative powers under proclamation issued under Article 356 |
| Article 365 | Effect of failure to comply with, or to give impact to, instructions given by the Union. |
Grounds of Imposition of President’s Rule
- As per Article 355, the Indian Constitution imposes a responsibility on the Centre to shield every State towards external aggression and inner disturbance and to make sure that the government of each State is carried on according with the provisions of the Constitution.
- It is this duty in the overall performance of which the Centre takes over the authorities of a State under Article 356 in case of failure of Constitutional Machinery in the State.
- The President’s Rule may be proclaimed underneath Article 356 on two grounds:
- Provisions under Article 356, and
- Provisions under Article 365.
Parliamentary Approval of President’s Rule
- A proclamation enforcing the President’s Rule needs to be authorised by both Houses of Parliament within two months from the date of its difficulty.
- If the proclamation of President’s Rule is issued at a time whilst the Lok Sabha has been dissolved or the dissolution of Lok Sabha takes place at some point of the period of two months without approving the proclamation, then the proclamation survives till 30 days from the first sitting of the newly constituted Lok Sabha, furnished Rajya Sabha approves it in the imply time.
Duration of President’s Rule
- If permitted by botn Houses of Parliament, the President’s Rule is kept for the period of six months.
- It can be prolonged for a maximum duration of three years with the approval of Parliament each six months.
- If the dissolution of the Lok Sabha takes region at some point of the duration 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, furnished the Rajya Sabha has in the meantime accepted its continuance.
- The 44th Constitutional Amendment Act of 1978 added a brand new provision that the President’s Rule may be prolonged past one year, with the aid of six months at a time, only when the following two situations are fulfilled:
- The proclamation of National Emergency is in operation in the entire of India or within the whole or any part of the State.
- The Election Commission of India (ECI) certifies that popular elections to the Legislative Assembly of the State cannot be held because of positive difficulties.
- Every resolution approving the proclamation of the President’s Rule or its continuation must be passed through both Houses of Parliament only by a Simple Majority i.e. 50 per cent of the individuals present and voting in the House.
Revocation of President Rule
- A Proclamation of Emergency may be revoked by the President at any time by a subsequent proclamation.
- Such a proclamation does no longer require parliamentary approval.
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