Thursday, April 20, 2017

President's Rule Under Article 356 of Indian Constitution

As mentioned in the previous article, Article 352 of the Indian Constitution gives the President of the country, the power to declare national emergency.

There are total 3 kinds of emergencies that can be declared according to our Indian constitution.

In this article, we shall talk about the second type of emergency which is applied in States.

This kind of emergency is known as president's rule or state emergency or constitutional emergency.

According to Article 355 of the Indian constitution, the center has been bestowed a duty to ensure that the government of every state of the country works according to the provisions which are mentioned in the Indian Constitution.

If for some reason the state government acts unconstitutionally or is incapable of maintaining law and order, then under Article 356 of the Indian constitution, the center has the power to take over the governance of such states.

Such a situation is popularly known as imposition of president's rule in a state.

Grounds on which Article 356 of Indian Constitution or the president's rule can be proclaimed in a state

1. If the president is satisfied that a certain situation has come up in a state such that the Governance of that state is not being carried on constitutionally, then, according to the provisions mentioned in Article 356 of the Indian Constitution, the president can declare a proclamation of state emergency.

2. He can also be advised by the governor of the state of such a situation.

3. The third reason for the declaration of state emergency is that whenever a state fails to comply with any directions provided by the central government, the president, under Article 356 of the Indian constitution can consider this situation worthy of state emergency.

Process for the declaration of president's rule according to Article 356 of Indian Constitution

So far we know the conditions under which the president can declare president's rule in a state.

Any such proclamation must be approved by both the houses of the Parliament which are Lok Sabha and Rajya Sabha within 2 months of its issue.

But if at the time of the proclamation of president's rule, the lok Sabha has been dissolved due to any reason, such a proclamation is valid till 30 days from the fisrst sitting of Lok Sabha.

Also if the Lok Sabha is dissolved within 2 months of the proclamation of president's rule, even then it is valid only for 30 days after the reconstitution of Lok Sabha.

However in the absence of Lok Sabha, Rajya Sabha must give its approval to the proclamation in the meantime.

Once president’s rule has been approved by both houses of the Parliament it continues for 6 months only.

It can be extended for a period of maximum 3 years after it has been approved by the parliament every six months.

Again if during these 6 months the Lok Sabha is dissolved due to any reason before it could approve its continuation then Rajya Sabha must approve the continuation of president rule, which will be valid till 30 days from the first sitting of Lok Sabha.

Another important point is that to gain the approval of the Parliament, the president's rule proclamation can be passed by a simple majority in both the houses.

In other words unlike a national emergency, which requires a special majority in each house, president's rule can be passed by a simple majority, that is, the majority of the members of the house which are present and voting.

The provision for the extension of president’s rule in a state was amended by the 44th Constitutional Amendment Act of 1978.

This amendment limited the power of parliament to extend president's rule in a state longer than one year.

It states that after 1 year the president's rule can only be extended by 6 months at a time, if and only if the following conditions are fulfilled:

a. National emergency has been declared in the country or a part of the country.
b. The general elections of the legislative Assembly of the concerned state cannot be conducted due to certain difficulties, the fact of which must be certified by the Election Commission.

Revocation of President's Rule

The process to revoke the president's rule is quite simple.

The president can revoke this proclamation at any time without the approval of the parliament.

Scope of Judicial Review with regard to President's Rule under Article 356 of Indian Constitution


By the 38th amendment act of 1975, the provision of President’s satisfaction to impose Article 356 of Indian Constitution was made final and conclusive.

According to this amendment, the power of the president to impose President’s rule was deemed so that it could not be challenged in a court of law.

However, this was later removed by the 44th amendment act of 1978 which provided that the satisfaction of the president could be challenged in a court of law.

In 1994, in Bommai case, the Supreme Court laid down the following recommendations regarding the imposition of president’s rule in a state:

1. The president’s proclamation of state emergency is subject to judicial review.

2. The basis on which the president has proclaimed president’s rule must be on relevant material. It can be revoked or struck down by the court if the grounds are found to be irrelevant or malafide.

3. The burden to provide proof of relevant material on the basis of which the proclamation was made lies with the Centre

4. The court cannot delve into the correctness of the material provided by the Centre. It can only judge if the material is relevant to the emergency proclamation

5. If the material is found to be unconstitutional or invalid, the court can revive the suspended state legislative assembly

6. The state legislative assembly should only be dissolved after the proclamation has been approved by the president. Until then, it can only be suspended.

7. If a state is found to be acting against the secular nature of the constitution, it is liable for Article 356.

8. The powers mentioned in article 356 are exceptional. These powers should be exercised occasionally and only in cases of true emergencies and not for political gains.

For example, in case of internal disturbances, it is not fit to impose president’s rule unless the situation amounts to physical violence.

9. Article 356 should not imposed without giving the state governments a warning to rectify themselves. However, this can be skipped in cases of extreme urgencies.

27 comments:

  1. Sir, this is really helpful. Thank you!

    ReplyDelete
  2. Fantastic job. I really enjoyed
    what you had to say, and more than that, how you presented it.
    Too cool! 메이저사이트

    ReplyDelete
  3. This design is incredible! You definitely know how to keep a reader amused. I was almost moved to start my own blog 경마사이트

    ReplyDelete
  4. Great web site. A lot of useful information here. I’m sending it to several friends ans also sharing in delicious. And obviously, thanks in your effort! 야설
    Feel free to visit my blog :
    야설

    ReplyDelete
  5. Very good information. Lucky me I recently found your website by accident I have book marked it for later!
    일본야동
    Feel free to visit my blog : 일본야동

    ReplyDelete
  6. I would like to thank you for the efforts you have made in writing this article. I am hoping the same best work from you in the future as well. 일본야동
    Feel free to visit my blog : e 일본야동

    ReplyDelete
  7. I have read your blog it is very helpful for me. I want to say thanks to you. I have bookmark your site for future updates.
    야설
    Feel free to visit my blog : 야설

    ReplyDelete
  8. Aw, this was an extremely nice post. Taking a few minutes and actual effort to generate a top notch article… but what can I say… I procrastinate a lot and never manage to get anything done. Feel free to visit my website; 온라인카지노사이트

    ReplyDelete
  9. This design is spectacular! You obviously know how to keep a reader entertained. Between your wit and your videos, I was almost moved to start my own blog (well, almost…HaHa!) Wonderful job. I really enjoyed what you had to say, and more than that, how you presented it. Too cool! Feel free to visit my website; 카지노사이트링크

    ReplyDelete
  10. I found your blog while I was webs writing to find the above information. Your writing has helped me a lot. I'll write a nice post by quoting your post. Feel free to visit my website; 온라인카지노사이트넷

    ReplyDelete
  11. Greetings! Very helpful advice on this article! It is the little changes that make the biggest changes. Thanks a lot for sharing! 포커게임

    ReplyDelete
  12. My curiosity was solved by looking at your writing. Your writing was helpful to me.룰렛사이트I want to help you too.

    ReplyDelete
  13. I am someone who works on the web. Sometimes I like to visit overseas sites sòng bạc when I have time. Among them, I like the site related to , but your site seems to be optimized for too!! Very good

    ReplyDelete
  14. Hello, I'm happy to see some great articles on your site. Would you like to come to my site later? My site also has posts, comments and communities similar to yours. Please visit and take a look keonhacai


    ReplyDelete
  15. Of course, your article is good enough, 슬롯사이트 but I thought it would be much better to see professional photos and videos together. There are articles and photos on these topics on my homepage, so please visit and share your opinions.

    ReplyDelete
  16. 안전놀이터모음27 December 2021 at 19:26

    What a nice post! I'm so happy to read this. 안전놀이터모음 What you wrote was very helpful to me. Thank you. Actually, I run a site similar to you. If you have time, could you visit my site? Please leave your comments after reading what I wrote. If you do so, I will actively reflect your opinion. I think it will be a great help to run my site. Have a good day.

    ReplyDelete
  17. I'm looking for a lot of data on this topic. The article I've been looking for in the meantime is the perfect article. Please visit my site for more complete articles with him! casino trực tuyến

    ReplyDelete
  18. 메이저사이트5 January 2022 at 19:20

    Excellent read, I just passed this onto a friend who was doing a little research on that. And he actually bought me lunch as I found it for him smile Therefore let me rephrase that: Thank you for lunch. 메이저사이트

    ReplyDelete
  19. This is the post I was looking for roulette I am very happy to finally read about the Thank you very much. Your post was of great help to me. If you are interested in the column I wrote, please visit my site .

    ReplyDelete
  20. Hello, I'm happy to see some great articles on your site. Would you like to come to my site later? My site also has posts, comments and communities similar to yours. Please visit and take a look 토토사이트

    ReplyDelete
  21. The assignment submission period was over and I was nervous, 우리카지노 and I am very happy to see your post just in time and it was a great help. Thank you ! Leave your blog address below. Please visit me anytime.

    ReplyDelete
  22. 안전놀이터추천10 January 2022 at 19:29

    Hello, I am one of the most impressed people in your article. 안전놀이터추천 I'm very curious about how you write such a good article. Are you an expert on this subject? I think so. Thank you again for allowing me to read these posts, and have a nice day today. Thank you.

    ReplyDelete
  23. 메이저사이트모음16 January 2022 at 20:11

    Many thanks for the article, I have a lot of spray lining knowledge but always learn something new. Keep up the good work and thank you again. 메이저사이트모음

    ReplyDelete
  24. What a post I've been looking for! I'm very happy to finally read this post. 안전놀이터 Thank you very much. Can I refer to your post on my website? Your post touched me a lot and helped me a lot. If you have any questions, please visit my site and read what kind of posts I am posting. I am sure it will be interesting.

    ReplyDelete
  25. 토토사이트모음19 January 2022 at 20:30

    While looking for articles on these topics, I came across this article on the site here. As I read your article, I felt like an expert in this field. I have several articles on these topics posted on my site. Could you please visit my homepage? 토토사이트모음

    ReplyDelete
  26. I've been looking for photos and articles on this topic over the past few days due to a school assignment, 파워볼사이트 and I'm really happy to find a post with the material I was looking for! I bookmark and will come often! Thanks :D

    ReplyDelete

Add a Comment or Query