Emergency Provisions - President’s Rule

President’s 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.
• It is this duty in the performance of which the Centre takes over the government of a state under Article 356 in case of failure of constitutional machinery in state.
• The President’s Rule can be proclaimed under Article 356 on two grounds:
  • 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. Notably, the president can act either on a report of the governor of the state or otherwise too
  • Article 365 says that whenever a state fails to comply with or to give effect to any direction from the Centre, it will 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 the Constitution.
• 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 with the approval of the Parliament, every six months.
• 44th Amendment Act of 1978 brought the satisfaction of President’ Rule under Judicial Review.
• 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.

Consequences of President’s Rule

• He can take up the functions of the state government and powers vested in the governor or any other executive authority in the state.
• He can declare that the powers of the state legislature are to be exercised by the Parliament.
• He can take all other necessary steps including the suspension of the constitutional provisions relating to anybody or authority in the state.