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