PRESIDENT RULE - POLITY
News:
Amit Shah rules out President’s Rule in Manipur
What's in the news?
● Union
Home Minister Amit Shah told an all-party delegation that imposition of
President’s Rule in Manipur was not an option and the situation was soon
returning to normal.
Constitutional Provisions of President Rule:
Proclamation:
● The
President’s Rule can be proclaimed under Article 356 on two grounds - one mentioned in Article 356 itself and another in
Article 365.
● Article 356
empowers the President to issue a proclamation, on a report of the governor of
the state or otherwise if he is satisfied that a situation has arisen in which
the government of a state cannot be carried on in accordance with the
provisions of the house.
○ For
example, a government fall due to breakdown of a coalition, or loss of
confidence of the house.
● Article 365
says that whenever a state fails to comply with or to give effect to any
direction from the Centre, it will be lawful to deem that the government of the
state cannot be carried on in accordance with the provisions of the
Constitution.
Parliamentary Approval:
● A
proclamation imposing President’s Rule must be approved by both the Houses of
Parliament by simple majority within two
months from the date of its issue.
Extension:
● The
President’s rule continues for six months and can be extended to for a maximum period of three years, with
Parliamentary approval, every six months.
● In
the event of dissolution of Lok Sabha during the same period, the proclamation
survives until 30 days from the first sitting of the Lok Sabha after its
reconstitution, provided the Rajya Sabha approves it in the meantime.
Amendment:
● The
44th Amendment Act of 1978,
restrained the Parliamentary power such that, for the extension of President’s
Rule beyond one year, the following conditions be satisfied:
○ a
proclamation of National Emergency
should be in operation in the whole of India, or in the whole or any part of
the state;
○ the
Election Commission must certify
that the general elections to the legislative assembly of the concerned state
cannot be held
Removal of President Rule:
● The
President may revoke the
proclamation at any time by a subsequent proclamation without any parliamentary
approval.
Powers of President during President's Rule:
President’s
powers during the proclamation
● He
can take up the executive powers in
the state.
● He
can authorize Parliament to exercise
functions of the state legislature.
● He
can take all other necessary steps including suspension of constitutional
provisions regarding any authority in the state.
● The
President dismisses the state council
of ministers headed by the chief minister. The President either suspends or
dissolves the state legislative assembly, whose functions are performed by the
Parliament then.
● The
President, exercises the executive
authority, through the Governor, with the help of the chief secretary of
the state or the advisors appointed by the President.
● Exception:
○ The
President cannot assume to himself the powers vested in the concerned state high court or suspend the
provisions of the Constitution relating to it.