President's Rule

1.President's Rule: Manipur CM recently resigned, and asked the Governor to dissolve assembly. He is likely to submit a report to the Centre, possibly President’s Rule could be imposed.

• About: President’s Rule (State Emergency) is imposed under Article 356 when a state's constitutional machinery fails.

oIt allows the central government to take direct control of state governance.

oIt is one of the three types of emergencies (National, State & Financial Emergency) under the Indian Constitution.

oInvoked due to political instability, law & order breakdown, or a hung assembly.

• Constitutional Provisions regarding Emergency in India:

oArticle 355: Centre ensures that the government of every state is carried on in accordance with the provisions of the Constitution.

oArticle 356: President can take over a state's functions if its government fails constitutionally.

oArticle 357: Exercise of legislative powers under proclamation issued under Article 356.

oArticle 365: If a state fails to follow the Centre’s directions, the President can assume control.

• Parliamentary Approval & Duration:

oApproval by Parliament: Must be sanctioned by both Houses within two months. When Parliament is not in session - proclamation survives until 30 days from the first sitting of the Lok Sabha, provided RS has approved it.

oValidity: Initially for six months, extendable up to 3 years (max) with approval every six months. President can revoke at any time without parliamentary approval.

• Supreme Court Judgments & Key recommendations on President’s Rule:

oS.R. Bommai Case (1994): President’s Rule is subject to judicial review.

oSarkaria Commission: Article 356 should be used only as a last resort.

oPunchhi Commission: Emergency should be localized, affecting only specific districts, not the entire state.