What is the President’s Rule: An overview to understand its provision
- The provision related to the President’s Rule is given in Article 356 of the Constitution.
- It is also known as State Emergency or Constitutional Emergency.
- According to Article 356- If the President 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.This can be based on a report by the Governor or even without the report.
- According to Article 365-Where any State has failed to comply with or to give effect to any directions given by the Union, it shall be lawful for the President to hold that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution and hence, impose President’s Rule.
Who gives approval for this?
- The proclamation imposing President’s Rule shall be laid down before the Rajya Sabha and the Lok Sabha must be approved within two months from its date of issue.
- If approved by both the houses, then it shall continue for 6 months. It can be extended by taking approval every 6 months for a maximum of 3 years.
- For both approval and continuation, only a simple majority is needed.
- According to the 44th Amendment Act( 1978) President’s rule beyond a year, can be extended every 6 months under the following conditions:
1. The Election Commission certifies that elections cannot be conducted in the state concerned.
2. There is already a national emergency throughout India or in the whole or any part of the state
What happens during a President’s Rule?
- The state legislative assembly would be either suspended or dissolved by the President.The state budget and bills are passed by the Parliament.
- President dismisses the state council of ministers headed by the Chief Minister.
- President can take up the functions of the state government, governor or any other executive.
- The President can also give power of the State Legislature to the Parliament.
- If the Parliament is not in session, the President can promulgate ordinances with respect to the state’s administration.
- Law made by the Parliament or President during such a time continue to be operative even after the rule ends.
Revocation of President’s Rule
President’s Rule can be revoked anytime by a subsequent proclamation by the President. A proclamation of revocation does not require approval by the Parliament.
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