The Mechanism of President's Rule: A Constitutional Overview

FAQs on President's Rule

1. WHAT IS PRESIDENT’S RULE?

President’s Rule refers to the suspension of a state’s government and the direct administration of the state by the central government. It is imposed under Article 356 of the Indian Constitution when the state government is unable to function according to constitutional provisions.

2. WHY WAS PRESIDENT’S RULE IMPOSED IN MANIPUR?

The rule was imposed in Manipur after Chief Minister N. Biren Singh’s resignation, as there was no other leader of the party to form the government, thus representing a breakdown of the constitutional machinery.

3. WHAT DOES THE CONSTITUTION SAY ABOUT PRESIDENT’S RULE?

Under Article 356, if the President is convinced (based on the Governor’s report or other information) that a state government cannot function in accordance with the Constitution, they can impose President’s Rule. This leads to the dissolution or suspension of the state legislature, and the central government takes over the administration.

4. HOW IS IT DIFFERENT FROM A NATIONAL EMERGENCY?

• President’s Rule (Article 356): Applies only to a specific state where governance has failed.
• National Emergency (Article 352): Applies to the entire country or part of it and is declared in cases of war, external aggression, or armed rebellion.

5. HOW DOES PRESIDENT’S RULE AFFECT A STATE?

• The Governor becomes the executive authority, acting on behalf of the President.
• The state legislature is either dissolved or suspended.
• The Parliament assumes the power to legislate for the state.
• Central control over finances and law enforcement increases.

6. HAS PRESIDENT’S RULE BEEN IMPOSED FREQUENTLY?

Yes. Since Independence, it has been used over 135 times across various states. In some cases, it has been controversial, especially when used for political reasons rather than genuine governance failure.

7. WHAT SAFEGUARDS EXIST AGAINST ITS MISUSE?

• Judicial Review: The Supreme Court can strike down an unjustified imposition of President’s Rule (S.R. Bommai Case, 1994).
• Parliamentary Approval: The proclamation must be approved within two months by both Houses of Parliament.
• Time Limit: It lasts six months initially but can be extended up to three years with parliamentary approval, under certain conditions.

8. HOW CAN PRESIDENT’S RULE END?

• If the Parliament does not approve it within two months.
• If the situation in the state improves and governance is restored by Presidential order.
• If a new state government is elected through fresh elections.

“The strength of a democracy is measured not by the absence of crisis, but by how it responds to them.”