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Article 356 of the Indian Constitution – State Emergency (President’s Rule)

 

1. Overview:

  • Article 356 of the Indian Constitution provides for the imposition of President’s Rule in a state if the Governor reports to the President that the government in the state is not functioning according to the provisions of the Constitution.

  • This is commonly referred to as "State Emergency" or "President’s Rule".

2. Conditions for Imposition:

  • Failure of Constitutional Machinery: The President’s Rule can be imposed if:

    • The state government is unable to function as per the Constitution.

    • There is a breakdown of law and order.

    • The Governor reports that the government is not able to discharge its constitutional responsibilities.

3. Procedure for Proclamation:

  • Governor’s Report: The process starts with the Governor of the state sending a report to the President about the failure of the constitutional machinery.

  • Presidential Proclamation: The President may then issue a proclamation under Article 356, assuming the powers of the state government.

  • Parliamentary Approval: The proclamation must be approved by Parliament within two months.

  • Re-evaluation: Every six months, Parliament must review the situation to decide whether the rule should continue.

4. Duration of President’s Rule:

  • The initial period of President’s Rule is six months.

  • It can be extended for three years with the approval of Parliament if the situation continues to warrant it.

  • However, the extension beyond three years is possible only if a national emergency is in effect.

5. Impact of President’s Rule:

  • Centralization of Power: The President assumes the powers of the state government, including the powers of the Chief Minister and the Council of Ministers.

  • Legislative Power: The Parliament can make laws for the state on any subject in the State List.

  • Dissolution of State Assembly: The state legislature may be dissolved or kept in suspended animation.

6. Judicial Review:

  • The Supreme Court has the power to review the validity of the proclamation under Article 356.

  • The court can examine:

    • Whether there was genuine failure of constitutional machinery.

    • Whether the proclamation was based on objective grounds or was used for political purposes.

7. Key Case Laws on Article 356:

a) S.R. Bommai v. Union of India (1994) – Landmark Judgment

  • Facts:

    • The dismissal of the government in several states, including Karnataka, was challenged.

  • Issue:

    • Whether the President’s Rule was valid and whether it could be imposed for political reasons.

  • Judgment:

    • The Supreme Court ruled that President’s Rule cannot be imposed arbitrarily.

    • It emphasized the need for federal principles and that the President’s powers are subject to judicial review.

  • Significance:

    • Restricted the misuse of Article 356 for political gains.

    • Reinforced the principle of federalism in India.

b) State of Rajasthan v. Union of India (1977)

  • Facts:

    • The case dealt with the dismissal of the Rajasthan government and imposition of President’s Rule.

  • Issue:

    • Whether the dismissal was justified under Article 356.

  • Judgment:

    • The Court ruled that the failure of constitutional machinery must be based on objective facts and not on subjective opinions.

  • Significance:

    • Clarified that the President’s powers under Article 356 are not absolute.

8. Abuse and Misuse of Article 356:

  • Article 356 has been misused in the past to dismiss elected state governments for political reasons, especially when the central government wanted to retain control over the states.

  • Examples of misuse:

    • Dismissal of non-Congress governments in several states during the 1980s and 1990s.

9. Key Features:

  • Article 356 is a “weapon of last resort”—it should be used only when the state machinery fails completely.

  • The President’s Rule is not a tool for political interference but for maintaining constitutional governance.

10. Recent Developments:

  • Judicial activism has increased scrutiny of the use of Article 356.

  • The courts have laid down strict guidelines to prevent its misuse.

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