President’s Rule: – INSIGHTSIAS

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GS Paper 2:

 

Topics Covered:

  • Prelims: Indian Polity and Constitution.
  • Mains: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

 

Context:

The Union Home Ministry Amit Shah has ruled out the possibility of President’s Rule in the state as it would be improper to dismiss an elected government backed by a huge mandate.

 

What’s the issue?

The demand for central rule in the state is rising, alleging collapsing law and order. Activists cited political killings, gang rapes and other forms of violence to substantiate the demand.

 

What is the President’s Rule in the Indian context?

Article 356 of the Constitution of India gives the President of India power to suspend state government and impose President’s rule of any state in the country “if he 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”.

  • It is also known as ‘State Emergency’ or ‘Constitutional Emergency’.
  • Upon the imposition of this rule, there would be no Council of Ministers.
  • The state will fall under the direct control of the Union government, and the Governor will continue to head the proceedings, representing the President of India.

 

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.
  • The approval takes place through simple majority in either House, that is, a majority of the members of the House present and voting.
  • Initially valid for six months, the President’s Rule can be extended for a maximum period of three years with the approval of the Parliament, every six months.

 

Report of the Governor:

Under Article 356, President’s Rule is imposed if the President, upon receipt of the report from the Governor of the 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.

 

Revocation:

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 parliamentary approval.

 

InstaLinks:

Prelims Link:

  1. Imposition of President’s Rule.
  2. Related Provisions.
  3. Report of Governor.
  4. Parliamentary approval and duration.
  5. Revocation.
  6. What happens to the State legislature Under President’s Rule.

Mains Link:

What is President’s Rule? Why it is controversial? Discuss.

Sources: Times of India.

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