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.