STATE
EMERGENCY - POLITY
News:
Declaration of State
emergency under Article 356 and subsequent actions of President should have
reasonable nexus: SC
What's
in the news?
●
The actions of President during the
subsistence of a State Emergency were open to judicial scrutiny, says court.
President’s
Rule:
●
The centre has a responsibility to make
sure that each state government operates
in accordance with the provisions of the constitution.
○
If the constitutional machinery fails in
the state, the centre can assume control of the state.
○
This is famously known as President’s
rule.
Consequences
of the President's rule:
●
The Governor
carries on with the administration of the state on behalf of the President.
○
He/she takes the help of the state's Chief Secretary and other
advisors/administrators whom he or she can appoint.
○
Also, the President has the power to
declare that the state legislature's
powers would be exercised by the Parliament.
Constitutional
processes during a President’s Rule:
1.
Grounds of imposition:
Under Article 356, the president may be
declared the ruler for the following two reasons:
●
If the President is satisfied that a situation has arisen in which the
government of a state cannot be carried out in conformity with the provisions
of the constitution, he/she is authorized by Article 356 to issue a
proclamation.
●
According to Article 365, the President may declare that a situation has arisen
in which the state's administration cannot be carried out in accordance with
the provisions of the constitution or whenever a state refuses to comply with
any directive given by the centre.
2.
Parliamentary approval and duration:
●
Parliamentary approval is necessary to
impose President's rule on any state.
●
The proclamation of the President's rule
should be approved in both Houses of
Parliament within two months.
●
The approval is through a simple majority.
Further
Reference - President Rule