Recently, the President of India issued a proclamation of State emergency under Article 356 of the Constitution after receiving a report from Governor Ajay Kumar Bhalla.
The order said she was satisfied that a situation had arisen that the “government of that State cannot be carried on in accordance with the provisions of the Constitution of India”.
A statement from the Manipur government clarified that the “Manipur Legislative Assembly will be under suspended animation.” However, a government official confirmed that the Assembly has not been dissolved.
The State Assembly’s tenure is till 2027. The administrative and other security-related decisions will now be taken by Governor Bhalla.
About the President rule
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.
The President’s Rule can be proclaimed under Article 356 on two grounds: one mentioned in Article 356 itself and another in Article 365.
Article 356: Empowers the President to issue a proclamation, if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution.
Article 365: whenever a state fails to comply with or to give effect to any direction from the Centre.
Parliamentary Approval and Duration
A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue.
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.
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.
The 44th Amendment Act of 1978:
It introduced a new provision, beyond one year, the President’s Rule can be extended by six months at a time only when the following two conditions are fulfilled:
A proclamation of National Emergency should be in operation in the whole of India, or in the whole or any part of the state
The Election Commission must certify that the general elections to the legislative assembly of the concerned state cannot be held on account of difficulties.
Revocation of the President rule
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
Effects of President’s Rule on State Executive
When the President’s Rule is imposed in the State, the President dismisses the State Council of Ministers (CoM) 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.
Effects of President’s Rule on State Legislature
The President either suspends or dissolves the State Legislative Assembly.
With the Assembly in suspended animation, stakeholders can approach the Governor any time with the required proof of support to prove majority on the floor of the House.
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.
The President can promulgate ordinances for the State when the Parliament is not in session.
Effects of President’s Rule on State Judiciary
President cannot assume to himself the powers vested in the concerned state high court or suspend the provisions of the Constitution relating to it.
