President’s Rule in India: Article 356 Explained After Manipur
Why in the news
Manipur, hit by ethnic violence for two years, came under President’s Rule four days after Chief Minister N. Biren Singh stepped down.
Key facts
- Article 356 lets the President act when a state’s constitutional machinery fails, on the Governor’s report or otherwise; it echoes Section 93 of the Government of India Act 1935.
- Non-compliance with Union directions (Article 365) is another trigger.
- Both Houses must approve within two months by simple majority.
- Initial duration is six months, extendable to a maximum of three years with approval every six months.
- The 44th Amendment (1978) bars extension past one year unless a national emergency is on or the Election Commission certifies.
Effects and triggers
| Aspect | Detail |
|---|---|
| Governor | Administers the state for the President, aided by the Chief Secretary and advisers |
| Legislature | Powers shift to Parliament; Assembly suspended or dissolved |
| Ordinances | President may issue them when Parliament is not sitting |
| Typical triggers | No CM chosen in time, coalition collapse, lost confidence vote, elections delayed by disaster, war or epidemic |
| Revocation | By a later proclamation; no parliamentary approval needed, e.g. once a leader shows majority |
Misuse and safeguards
- First used in Punjab in 1951; used 39 times from 1966 to 1977 under Indira Gandhi.
- Bommai guidelines: subject to judicial review; Centre must justify; courts can restore a wrongly dismissed government; Assemblies not dissolved before parliamentary approval.
- Corruption, financial instability, party differences or ministry resignations do not justify it.
Way forward
- Sarkaria Commission (1983): prior warning, reasoned proclamation, dissolution only with parliamentary approval.
- Punchhi Commission: “Localised Emergency” for specific areas, and inclusion of Bommai guidelines.
Exam angle
- Article: 356 (Article 365 for non-compliance); case: S.R. Bommai (1994).
- Approval: two months, simple majority, both Houses.