Nomenclature
President's Rule / State Emergency / Constitutional Emergency (Art 356).
Introduction
President's Rule, also known as State Emergency or Constitutional Emergency, is a provision under Article 356 of the Indian Constitution that allows the Central government to take direct control of a state's administration if its constitutional machinery breaks down. Intended as a safeguard for democratic governance and constitutional order in states, it has historically been the most controversial and frequently misused emergency power. Landmark constitutional amendments (especially 44th Amendment, 1978) and Supreme Court judgments (most notably S.R. Bommai vs. Union of India, 1994) have significantly curtailed its arbitrary application, introducing crucial safeguards to protect India's federal structure.
Core Content
13.3.1: Grounds for Imposition (Constitutional Emergency)
Article 356(1)
If President, on receipt of a report from the Governor 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 the Constitution.
- Primary ground.
- "Governor's report or otherwise" provides broad scope for presidential satisfaction.
- "Cannot be carried on..." implies a breakdown of constitutional machinery, not just law and order.
Article 365
If a state fails to comply with or give effect to any directions given by the Centre, it shall be lawful for President to hold that a situation has arisen in which government of state cannot be carried on in accordance with Constitution.
- Additional, specific ground.
- Highlights Centre's ultimate authority in ensuring compliance with its legitimate directions.
13.3.2: Parliamentary Approval and Duration
Initial Approval
Proclamation must be approved by both Houses of Parliament within two months from the date of issue.
- Longer than National Emergency (1 month).
- Parliament must be convened if not in session.
Lok Sabha Dissolution
If LS dissolved or dissolves during the two-month period, proclamation survives for 30 days from first sitting of reconstituted LS, provided Rajya Sabha has approved it.
Majority Required
Approval by Parliament requires Simple Majority in each House.
- Crucial distinction from National Emergency (special majority).
Initial & Max Duration
Initially continues for six months. Can be extended for a maximum period of three years with parliamentary approval every six months.
Restrictions on Extension (44th Amendment, 1978)
Can be extended beyond one year only if:
- A National Emergency (Art 352) is in operation in whole of India or in whole or any part of the state; AND
- Election Commission certifies that holding general elections to the state assembly is difficult.
This prevents indefinite prolongation. Punjab had temporary relaxations (64th & 68th Am.) due to specific security concerns.
13.3.3: Consequences of President's Rule
Executive Powers
President takes over functions of state government and powers vested in Governor or any other state authority (except High Court).
State executive council (CM & ministers) stands dissolved.
Legislative Powers
Powers of state legislature become exercisable by or under authority of Parliament.
Parliament can legislate on any State List subject for that state.
Incidental Provisions
President can make incidental provisions necessary to give effect to proclamation, including suspension of constitutional provisions relating to any body/authority (except High Court).
High Court powers are NOT affected.
Governor's Role
State Governor administers state on behalf of President, usually with help of advisors.
Delegated Legislation
Parliament can delegate power to make laws for the state to the President or any other authority (President's Acts).
State Assembly Status
State Assembly is either dissolved or kept in suspended animation.
S.R. Bommai case strongly advocated for suspended animation until parliamentary approval.
Fundamental Rights
NO direct effect on Fundamental Rights of citizens in the state.
Unlike National Emergency, FRs remain enforceable.
13.3.4: Revocation
President's Authority
The President can revoke a proclamation of President's Rule at any time by a subsequent proclamation.
This does not require parliamentary approval. Once revoked, dismissed state government can resume office.
13.3.5: Use and Misuse of Article 356 – "A Dead Letter" turned "Deadly Weapon"
"I hope the President will not use this article and it will remain a dead letter."
– Dr. B.R. Ambedkar, Constituent Assembly Debates
Instances of Use & Misuse
Dr. B.R. Ambedkar's hope was largely unfulfilled initially. Article 356 became the most frequently invoked emergency power, used over 100 times since independence, often for alleged political purposes.
The chart above conceptually illustrates the significant decline in arbitrary use post-S.R. Bommai judgment.
S.R. Bommai vs. Union of India (1994) – Landmark Judgment:
- Judicial Review: Presidential proclamation is subject to judicial review on grounds of mala fide, perversity, extraneous considerations, or illegality.
- Objective Material: President's satisfaction must be based on objective material. Governor's report is not final; its contents can be scrutinized.
- Last Resort: Power under Art 356 is exceptional, to be used sparingly, only when constitutional machinery has genuinely broken down.
- Assembly Status: State Assembly should not be dissolved until proclamation is approved by Parliament. It should be kept in suspended animation.
- Burden on Centre: Burden on Centre to prove relevant material existed to justify the imposition.
- Restoration Power: SC can restore dismissed state government and reactivate assembly if proclamation found unconstitutional.
- Secularism & Basic Structure: Secularism is part of Basic Structure; Art 356 can be invoked if state government pursues anti-secular policies.
Recommendations of Sarkaria and Punchhi Commissions:
Sarkaria Commission (1988)
- Use Article 356 sparingly, as a measure of last resort.
- Prior warning to the state government should be issued.
- Explore all other alternatives (e.g., dissolution of Assembly and fresh elections, floor test).
- Emphasized the need for a factual report from the Governor.
Punchhi Commission (2010)
- Reaffirmed Sarkaria's recommendations.
- Suggested 'localised emergency' or 'area specific emergency' to limit central intervention.
- Power to dismiss state government only after a clear vote of no-confidence in the Assembly.
Conclusion & Way Forward
Article 356, a powerful and indispensable tool for upholding constitutional governance, has had a contentious history marked by frequent misuse. However, the constitutional amendments, particularly the 44th, coupled with the landmark S.R. Bommai judgment, have fundamentally transformed its application. The judiciary's proactive stance and the enhanced parliamentary oversight have significantly curtailed its arbitrary use, restoring a degree of federal balance.
While the power remains a potent symbol of the Centre's ultimate authority, its invocation is now subjected to stricter scrutiny and adheres more closely to the spirit of constitutional morality. The challenge moving forward is to ensure that the spirit of cooperative federalism, often emphasized by commissions, truly guides the Centre-State relations, allowing Article 356 to indeed remain a 'dead letter' to be used only in the rarest of rare cases, as originally envisioned by the Constitution makers.
Prelims-Ready Notes
Grounds
President's satisfaction (Governor's report/otherwise); State fails to comply with Central directions (Art 365).
Approval & Duration
Approved by both Houses within 2 months (Simple Majority). Max 3 years (6-month renewals).
Extension beyond 1 Yr (44th Am.)
Only if (a) National Emergency is active AND (b) EC certifies election difficulty. (Punjab exception: 64th, 68th Am.).
Consequences
President takes over state executive (except HC). Parliament takes state legislative powers. Assembly dissolved/suspended. No effect on FRs.
Revocation
By President's proclamation (no Parl. approval needed).
Key Judgment
S.R. Bommai (1994): Judicial Review, Objective Material, Assembly suspension, SC restoration.
Commissions
Sarkaria: Last resort, warning. Punchhi: Reaffirmed Sarkaria, localised emergency.
Summary Table: President's Rule (Art 356)
| Feature | Description |
|---|---|
| Grounds | 1. President's satisfaction (Governor's report or otherwise) that state govt. cannot function constitutionally (Art 356). 2. State fails to comply with Central directions (Art 365). |
| Approval Required | By both Houses of Parliament within 2 months (Simple Majority). |
| Max Duration | 3 years (with 6-month renewals). |
| Extension Beyond 1 Yr (44th Am.) | Only if National Emergency is in operation AND Election Commission certifies election difficulty. |
| Effects on State | President takes over State Executive. Parliament takes over State Legislative powers (State Assembly dissolved or suspended). Governor administers on President's behalf. Powers of High Court NOT affected. Fundamental Rights NOT affected. |
| Revocation | By President (no Parl. approval). |
| Key Judgment/Commission | S.R. Bommai Case (1994); Sarkaria Commission; Punchhi Commission. |
Mains-Ready Analytical Notes
Major Debates/Discussions
Federalism vs. Unitary Tendencies:
Article 356 epitomizes the unitary bias of the Indian Constitution. The debate centers on how to balance the Centre's necessary role in ensuring constitutional governance in states with the principle of federal autonomy and the sanctity of elected state governments.
Political Misuse:
The most significant controversy stems from its frequent use for political ends, often to dismiss opposition state governments. This undermines democratic processes and fuels Centre-State friction. The phrase "or otherwise" in Art 356(1) has been particularly criticized for giving the Centre arbitrary power.
Governor's Role:
The Governor's report is crucial for imposing President's Rule. Accusations of Governors acting as Centre's agents, rather than impartial constitutional heads, have marred the office and contributed to the misuse of Art 356.
Floor Test vs. Governor's Discretion:
The S.R. Bommai judgment strongly affirmed that the majority of a government must be tested on the floor of the Assembly, not based on the Governor's subjective assessment. This is a vital democratic safeguard.
'Localised Emergency' (Punchhi Commission):
The idea of an area-specific President's Rule is debated as a way to address localized breakdowns without affecting the entire state, potentially reducing the draconian nature of the provision.
Historical/Long-term Trends, Continuity & Changes
Evolution from Abuse to Restraint:
The pre-Bommai era saw rampant misuse of Article 356. The post-Bommai era has witnessed a significant decline in its arbitrary application, marking a positive trend towards greater constitutionalism and judicial accountability. The 44th Amendment provided legislative safeguards, and Bommai provided judicial safeguards.
Judicial Intervention as Safeguard:
The Supreme Court's assertive role in reviewing proclamations under Art 356 (starting with Rajasthan vs. Union of India, 1977, but decisively with Bommai) is a crucial evolution, ensuring the 'rule of law' prevails even in emergency situations.
Increased Political Awareness:
States, through various platforms and political action, have become more vigilant and assertive against central overreach, forcing greater adherence to federal principles.
Contemporary Relevance/Significance/Impact
Judicial Review as Bulwark:
The S.R. Bommai judgment remains the most significant legal precedent, acting as a powerful deterrent against the political misuse of Article 356. Recent instances of its invocation (e.g., Uttarakhand 2016, Arunachal Pradesh 2016) have immediately triggered judicial scrutiny, often leading to its revocation.
Federal Balance:
Article 356, despite its potential for misuse, is constitutionally valid and necessary for India's unity and integrity, especially in scenarios of genuine constitutional breakdown, severe law and order crisis (that the state cannot handle), or political instability where no stable government can be formed.
Constitutional Morality:
The debates surrounding Article 356 continue to emphasize the importance of constitutional morality, where those in power must act in the spirit of the Constitution and not for partisan gains.
Challenges for Future:
While misuse has decreased, the possibility of politically motivated declarations cannot be entirely ruled out. The role of the Governor and the vagueness of "or otherwise" remain potential flashpoints.
Real-world/Data-backed Recent Examples (India)
Uttarakhand (2016) & Arunachal Pradesh (2016):
These are recent examples where President's Rule was imposed but subsequently revoked by the Supreme Court/High Court, or by the Centre itself following judicial intervention. In both cases, the courts emphasized the principles laid down in the S.R. Bommai judgment, forcing floor tests and restoring dismissed governments. These cases demonstrated the continued efficacy of judicial review in checking arbitrary use of Article 356. (Source: Supreme Court judgments, news reports of 2016).
Jammu & Kashmir (2018-2019):
After the dissolution of the assembly, President's Rule was imposed in J&K before the state was reorganized into Union Territories. This was followed by a long period of central administration, raising questions about the duration and political implications, though legally distinct given the reorganisation. (Source: Ministry of Home Affairs, Parliament proceedings).
Maharashtra (2019):
President's Rule was briefly imposed in Maharashtra due to political instability and inability to form a government after elections, before a new coalition was formed. This was a relatively quick imposition and revocation based on the political situation, rather than alleged breakdown of constitutional machinery. (Source: News reports, 2019).
UPSC Previous Year Questions (PYQs)
Prelims MCQs
1. UPSC Prelims 2014:
Which of the following is/are the discretion(s) granted to the Governor of a State?
- Sending a report to the President of India for imposing the President's Rule.
- Appointing the Ministers.
- Reserving certain bills passed by the State Legislature for the consideration of the President of India.
- Making the rules to conduct the business of the State Government.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2, 3 and 4 only
(d) 1, 2, 3 and 4
Answer: (b)
Hint/Explanation: Sending a report for President's Rule (Art 356) and reserving bills (Art 200) are key discretionary powers of the Governor. Appointing ministers is on CM's advice, and making business rules is not a discretionary power.
2. UPSC Prelims 2016:
Consider the following statements:
- The President of India can summon a session of the Parliament at such place as he thinks fit.
- The Constitution of India provides for three sessions of the Parliament in a year, but it is not mandatory to conduct all three sessions.
- There is no minimum number of days that the Parliament is required to meet in a year.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) 1 and 3 only
(d) 2 and 3 only
Answer: (c)
Hint/Explanation: This question tests general parliamentary powers, relevant as Parliament plays a role in approving President's Rule.
3. UPSC Prelims 2011:
Which one of the following is not a constitutional body?
(a) Election Commission
(b) Finance Commission
(c) National Commission for Scheduled Tribes
(d) NITI Aayog
Answer: (d)
Hint/Explanation: This question tests constitutional bodies. Election Commission is crucial for President's Rule extension beyond one year, as it certifies the difficulty of holding elections.
Mains Questions
1. UPSC Mains 2020 (GS Paper 2):
"Though the federal principle is dominant in our Constitution and that principle is one of its basic features, but it is equally true that federalism under the Indian Constitution leans in favour of a strong Centre. Discuss."
Direction: This question provides an excellent opportunity to extensively discuss Article 356 as a primary example of the strong unitary bias in the Indian Constitution, highlighting its impact on state autonomy.
Value Points: Explain the nature of Indian federalism. Then, describe how Article 356 (grounds, consequences like dissolution of state executive/legislature, central control) represents a fundamental shift towards unitarism. Mention the history of its misuse and the role of the Bommai judgment in reining it in.
2. UPSC Mains 2015 (GS Paper 2):
"The concept of 'cooperative federalism' has been increasingly emphasized in recent years. Highlight the challenges in its implementation in India."
Direction: The misuse of Article 356 (and the contentious role of the Governor leading to its imposition) is a significant challenge to cooperative federalism.
Value Points: Define cooperative federalism. Discuss challenges including the political misuse of Article 356, Governors acting as central agents, and the resultant undermining of trust between Centre and States. Mention how Bommai case has helped, but the potential for friction remains.
3. UPSC Mains 2014 (GS Paper 2):
"Discuss the recommendations of the Sarkaria Commission relating to the Inter-State Council and evaluate the extent to which they have been implemented."
Direction: While focusing on ISC, the Sarkaria Commission also made very important recommendations on Article 356, which can be linked to the broader discussion on Centre-State relations.
Value Points: While answering about ISC, briefly mention Sarkaria's recommendations on Article 356 (use as last resort, warning, floor test) as part of its comprehensive review of Centre-State relations, and note their impact (e.g., through Bommai judgment).
Trend Analysis (Prelims & Mains)
Prelims:
- Consistent Focus on 44th Amendment: Questions frequently test the changes brought by the 44th Amendment, particularly the two conditions for extending President's Rule beyond one year.
- Procedural Details: Timelines (2 months for approval, 3 years max duration), types of majority (simple majority), and roles of Governor, President, and Parliament are common.
- Distinction from National Emergency: Knowledge of key differences (grounds, majority for approval, FR impact) is important.
- S.R. Bommai Case: Its key tenets, especially judicial review and the assembly's status, are frequently tested.
- General trend: Emphasis on factual accuracy and the impact of legal/constitutional developments on the provision.
Mains:
- Critical Analysis of Misuse: Mains questions often require a deep dive into the history of Article 356's misuse, the underlying political reasons, and its detrimental effects on federalism.
- S.R. Bommai Case as a Turning Point: The judgment's implications and its role as a safeguard are central to most analytical questions.
- Governor's Role: The controversial role of the Governor leading to President's Rule is a frequently examined aspect.
- Recommendations of Commissions: Questions expect candidates to integrate the recommendations of Sarkaria and Punchhi Commissions regarding the use of Article 356.
- Impact on Federalism: The provision's role in tilting the federal balance towards the Centre and its implications for state autonomy are core analytical themes.
- General trend: Moving beyond mere description to a critical evaluation of the provision's application, its democratic implications, and the role of the judiciary in upholding constitutionalism.
Original MCQs for Prelims
1. Conditions for extending President's Rule beyond one year:
Which of the following statements is/are correct regarding the conditions for extending President's Rule beyond one year in a state?
- A National Emergency must be in operation in the whole of India or in the state concerned.
- The Election Commission must certify that general elections to the state legislative assembly cannot be held.
- A special majority in both Houses of Parliament is required for such an extension.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2 and 3
Answer: (a)
Explanation:
- Statement 1 is correct: As per the 44th Amendment Act, 1978, this is one of the two conditions for extending President's Rule beyond one year.
- Statement 2 is correct: This is the second crucial condition as per the 44th Amendment.
- Statement 3 is incorrect: Approval for President's Rule (including extensions) requires a simple majority, not a special majority, in both Houses of Parliament.
2. Unaffected aspects during President's Rule:
During the operation of President's Rule in a state, which of the following remains unaffected?
- The powers of the State Legislative Assembly.
- The powers of the High Court of the State.
- The Fundamental Rights of the citizens in the State.
Select the correct answer using the code given below:
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3
Answer: (b)
Explanation:
- Statement 1 is incorrect: The powers of the State Legislative Assembly are either dissolved or suspended.
- Statement 2 is correct: The Constitution explicitly states that the powers of the High Court are not affected by a proclamation of President's Rule (Art 356(1)(c)).
- Statement 3 is correct: President's Rule has no direct effect on the Fundamental Rights of citizens. Only a National Emergency under Article 352 (specifically via Art 358 and Art 359) can lead to the suspension of enforcement of certain Fundamental Rights.
Original Descriptive Questions for Mains
1. Historical Misuse & Bommai Judgment (15 marks, 250 words)
"Article 356, intended as a constitutional safety valve, often became a 'deadly weapon' for political ends. Analyze the historical misuse of this provision and critically examine how the S.R. Bommai judgment transformed its application and bolstered federalism in India."
Key Points/Structure:
- Intro: Briefly mention Ambedkar's hope for Art 356 as a 'dead letter' and its eventual frequent misuse.
- Historical Misuse: Frequency (over 100 times), political reasons (dismissing opposition govts), undermining democracy, Governor's controversial role.
- S.R. Bommai Judgment (1994) – Transformation & Bolstering Federalism: Judicial Review, Objective Material, Floor Test, Assembly Suspension, Restoration power. Impact: drastically reduced arbitrary misuse, strengthened federal balance, increased accountability.
- Conclusion: Bommai judgment was a watershed, aligning Art 356 closer to framers' intent.
2. 44th Amendment Act & Parliamentary Oversight (10 marks, 150 words)
"Discuss the implications of the 44th Constitutional Amendment Act, 1978, on the duration and extension of President's Rule (Article 356). How do these amendments reflect a shift towards greater parliamentary oversight and accountability in the context of state emergencies?"
Key Points/Structure:
- Intro: Briefly state purpose of 44th Amendment in curtailing emergency powers.
- Implications on Duration and Extension: Capped max duration to three years. Introduced two stringent conditions for extension beyond one year (National Emergency active + EC certifies election difficulty). Purpose: prevent prolonged central rule.
- Shift Towards Greater Parliamentary Oversight & Accountability: Parliament's role became more critical; EC's certification introduces independent assessment; aimed to prevent indefinite political stalemate.
- Conclusion: 44th Amendment tightened reins, ensuring parliamentary approval is substantive check, ensuring quicker restoration of democratic norms.