When can President’s Rule be imposed?
Context
- Days after Manipur Chief Minister N. Biren Singh resigned, the State has been put under President’s Rule.
What is President’s Rule?
- President’s Rule is a provision under Article 356 to be imposed in case of the failure of the constitutional machinery in a State.
- In such situations, based on a report by the State’s Governor or other inputs, the President can issue a Proclamation taking over the functions of the State’s government and Governor — effectively transferring them to the Union government — and transferring the powers of the State Assembly to Parliament.
- The President cannot, however, assume any of the powers vested in a High Court.
- The President’s proclamation must be laid before Parliament, and will expire in two months unless both Houses ratify it.
- It may be renewed by Parliament every six months, for a maximum period of three years.
- After the first year, renewal can take place under certain conditions, of an Emergency being declared in the country or the State, or the Election Commission declaring that State elections cannot be held.
- Article 356 does not list the various specific circumstances under which President’s Rule can be imposed, leaving it to the judgment of the President (and the Union Council of Ministers advising her) to satisfy herself that “a situation has arisen in which the Government of the State cannot be carried on in accordance with the Provisions of this Constitution”.
What are some previous instances of the imposition of President’s Rule?
- President’s Rule has been imposed 135 times, in 35 States and Union Territories, including some that no longer exist.
- The first instance was in June 1951, in Punjab.
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