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Polity & Governance
Mahesh

17/02/25 16:22 PM IST

President’s rule function

In News
  • Recently, the Union government announced that President’s rule in Manipur, after the Chief Minister N. Biren Singh’s resignation.
Why it has been imposed?
  • The violence between the Meitei and Kuki-Zo communities, ongoing since May 2023, has claimed above 250 lives and displaced over 60,000 people.
  • The conflict originated from the Meitei demand for Scheduled Tribe (ST) status, which the Kukis opposed, fearing loss of job opportunities and other affirmative actions meant for STs.
Emergency Provisions
  • Emergency provisions, inspired by the German Constitution and outlined in Part XVIII of the Indian Constitution, protect India’s sovereignty, unity and security.
  • They empower the Central government to address extraordinary crises by temporarily assuming control to ensure stability and safeguard the democratic framework.
  • The Constitution provides for three types of emergencies — national (Article 352), State (Article 356) and financial (Article 360).
  • In Manipur, the President has proclaimed a “state emergency” — popularly known as “President’s Rule” or “Constitutional Emergency” — by exercising powers under Article 356.
  • This fulfils the Union’s obligation under Article 355 to protect States against ‘external aggression’ and ‘internal disturbance’ (such as separatist or sectarian violence or calamities beyond a State’s control) and to ensure that State governments operate as per the Constitution.
  • When a State’s “constitutional machinery” fails due to non-performance or malperformance, Article 356(1) empowers the President to issue a proclamation— upon receiving a report from the Governor or otherwise — if she is satisfied that the State government cannot function constitutionally.
  • This effectively transfers all executive functions of the State to the Centre and legislative functions to Parliament while leaving the High Court’s (HC) powers unaffected.
  • Additionally, Article 365 provides that if a State fails to comply with any Union directions under constitutional provisions, the President may declare a “Constitutional Emergency.” 
  • As per Clause 3 of Article 356, the proclamation must be laid before each House of Parliament, and unless approved by a ‘simple majority’ in both Houses, it ceases after two months.
  • Once approved, it remains effective for six months from the proclamation date, with further six-month extensions requiring additional Parliamentary approval.
  • Renewal beyond one year is allowed only if two conditions are met — an Emergency has been declared in the country or any part of the State, and if the Election Commission certifies that President’s rule is necessary due to difficulties in conducting State elections.
  • However, in no case can the proclamation remain effective for more than three years, and the President may revoke or vary it at any time by a subsequent proclamation. 
Constitutional emergency v/s National Emergency
  • Article 352 governs the proclamation of a “national emergency,” which has been invoked thrice — during the 1962 India-China war, the 1971-armed conflict with Pakistan, and in 1975 on grounds of “internal disturbance.”
  • In 1975, then Prime Minister Indira Gandhi declared the emergency after the Allahabad High Court, in The State of Uttar Pradesh versus Raj Narain (1975), found her guilty of “electoral malpractices” and debarred her from holding any elected post.
  • Unlike a “State emergency,” proclaiming a “national emergency” requires that the President be satisfied that India’s security — or any part of its territory — is threatened by war, external aggression, or armed rebellion.
  • The 44th Constitutional amendment (1978) introduced multiple safeguards to prevent misuse.
  • It replaced “internal disturbance” with “armed rebellion”, mandated a written recommendation from the Cabinet (rather than just the Prime Minister), and shortened the parliamentary approval window from two months to one month.
  • It also clarified that Articles 20 and 21 cannot be suspended, and that the President must revoke the proclamation if the Lok Sabha passes a resolution disapproving it.
  • Crucially, the amendment restored judicial review of the President’s satisfaction in proclaiming an emergency, a safeguard removed by the 38th Constitutional amendment (1975).
  • Unlike a “constitutional emergency” (which can last up to three years), a “national emergency” has no time limit.
  • Additionally, while the President’s rule (Article 356) requires a ‘simple majority’ for parliamentary approval, a national emergency needs a ‘special majority’.
  • In a national emergency, the State executive and legislature continue to function, whereas under President’s Rule, the State executive is dismissed, and the legislature is suspended or dissolved.
  • However, the Manipur Assembly, which has a tenure till 2027, has not been dissolved but is placed under “suspended animation”.
  • This means that the Assembly is temporarily “paused”, allowing its revival if ‘political stability’ is restored. 
What happens to FRs?
  • President’s rule does not affect citizens’ fundamental rights, unlike a national emergency, where under Article 358, freedoms under Article 19 become inoperative, and the President may suspend other fundamental rights, except Articles 20 and 21.
  • Under President’s Rule, the President acquires extraordinary powers, with the Governor, on her behalf, administering the State with assistance from the Chief Secretary or advisers appointed by the President.
  • Additionally, Article 357 allows Parliament to confer legislative power on the President and authorise delegation to another authority while also giving the President power to sanction expenditure from the State’s Consolidated Fund. 
History
  • Though Dr. B.R. Ambedkar hoped it would remain a “dead letter,” President’s rule has been imposed nearly 134 times across 29 States and UTs since the Constitution took effect in 1950, reflecting its dual role as both a crisis-management tool and a politically contentious measure.
  • The very first application of Article 356 occurred in June 1951 in Punjab. Manipur is tied with Uttar Pradesh for the most frequent imposition of President’s Rule, at 10 each — driven by chronic political instability — with Manipur’s latest imposition bringing its total to 11.
  • The longest President’s Rule in Manipur lasted two years and 157 days (1969–1972). Jammu & Kashmir holds the record for the longest cumulative duration, over 12 years (4,668 days), due to militancy and separatist movements, followed by Punjab (over 10 years, 3,878 days) and Puducherry (over seven years, 2,739 days). 
Supreme Court Judgements
  • For a long time, courts upheld the Centre’s frequent unusual imposition of President’s rule.
  • However, the landmark S.R. Bommai versus Union of India (1994) judgment redefined these powers.
  • Referencing the Sarkaria Commission’s recommendation that Article 356 be used only as a last resort, the SC observed, “The Constitution of India has created a federation but with a bias in favour of the Centre. …
  • But that does not mean that States are mere appendages of the Centre”… It also highlighted the Commission’s points that “constitutional machinery” could fail due to political crises, internal subversion or fiscal breakdown, among other factors.
  • Further, the SC held that the President’s power under Article 356 is conditional, not absolute, and that any proclamation is subject to judicial review.
  • Both the SC and HCs can strike it down if found mala fide or based on irrelevant or extraneous grounds.
  • The top court further clarified that the President cannot dissolve the assembly without Parliament’s approval and that the Centre must first issue a warning notice to the erring State, seeking an explanation.
  • Once proclaimed, the State government has to go, as two governments in one sphere is impermissible.
  • Moreover, the SC clarified that President’s rule must be invoked only for breakdowns of “constitutional machinery” (distinct from ordinary law-and-order failures) and never for political gains.
Source- The Hindu

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