President’s Rule

Source: IE

Context: Manipur is facing a potential imposition of President’s Rule following the resignation of Chief Minister N. Biren Singh, as BJP struggles to find a consensus candidate.

About President’s Rule:

• What is President’s Rule?

• President’s Rule refers to the suspension of a state government and the imposition of direct central administration when a state government fails to function as per the Constitution. It is invoked under Article 356 of the Indian Constitution when the President is satisfied that governance in a state cannot be carried out per constitutional provisions.

• President’s Rule refers to the suspension of a state government and the imposition of direct central administration when a state government fails to function as per the Constitution.

• It is invoked under Article 356 of the Indian Constitution when the President is satisfied that governance in a state cannot be carried out per constitutional provisions.

• Constitutional Provisions

• Article 356: Grants the President the power to impose President’s Rule in case of failure of constitutional machinery in a state. Article 365: If a state government fails to comply with the Centre’s directives, the President can assume that the state government cannot function per the Constitution.

• Article 356: Grants the President the power to impose President’s Rule in case of failure of constitutional machinery in a state.

• Article 365: If a state government fails to comply with the Centre’s directives, the President can assume that the state government cannot function per the Constitution.

• Criteria for Imposing President’s Rule Breakdown of Constitutional Machinery: If the state government fails to function in accordance with the Constitution. Failure to Comply with Central Directives: If the state does not follow instructions issued by the Union government under Article 256. Governor’s Report: If the Governor recommends the imposition of President’s Rule, citing political instability or law-and-order issues. Other Justifications: Political crisis, loss of majority, or inability to conduct elections.

• Breakdown of Constitutional Machinery: If the state government fails to function in accordance with the Constitution.

• Failure to Comply with Central Directives: If the state does not follow instructions issued by the Union government under Article 256.

• Governor’s Report: If the Governor recommends the imposition of President’s Rule, citing political instability or law-and-order issues.

• Other Justifications: Political crisis, loss of majority, or inability to conduct elections.

• Procedure for Imposing President’s Rule: Governor’s Report: The Governor submits a report to the President stating that governance in the state has broken down. President’s Proclamation: The President issues a proclamation imposing President’s Rule, initially for two months. Parliamentary Approval: Both Lok Sabha and Rajya Sabha must approve the proclamation within two months for it to continue. Duration: Initially imposed for six months, extendable up to three years with parliamentary approval every six months. Extension Beyond One Year: Allowed only if:

• Governor’s Report: The Governor submits a report to the President stating that governance in the state has broken down.

• President’s Proclamation: The President issues a proclamation imposing President’s Rule, initially for two months.

• Parliamentary Approval: Both Lok Sabha and Rajya Sabha must approve the proclamation within two months for it to continue.

• Duration: Initially imposed for six months, extendable up to three years with parliamentary approval every six months.

• Extension Beyond One Year: Allowed only if:

• National Emergency is in force, or The Election Commission certifies that elections in the state cannot be conducted.

• National Emergency is in force, or The Election Commission certifies that elections in the state cannot be conducted.

• National Emergency is in force, or

• The Election Commission certifies that elections in the state cannot be conducted.

• Impact of President’s Rule: On State Executive: The Governor assumes all executive powers, acting on behalf of the President. The Chief Minister and Council of Ministers are removed. The state administration is run by bureaucrats under the Centre’s control. On State Legislature: The State Legislative Assembly is either dissolved or suspended. Parliament assumes legislative powers and can pass laws for the state. The President can issue ordinances if Parliament is not in session. On Judiciary The High Court continues to function independently. Judicial powers remain unaffected, ensuring the rule of law. On Fundamental Rights of Citizens No direct impact on fundamental rights. The state administration must function under constitutional safeguards. In extreme cases, civil liberties may be restricted if law-and-order deteriorates.

• On State Executive: The Governor assumes all executive powers, acting on behalf of the President. The Chief Minister and Council of Ministers are removed. The state administration is run by bureaucrats under the Centre’s control.

• The Governor assumes all executive powers, acting on behalf of the President.

• The Chief Minister and Council of Ministers are removed.

• The state administration is run by bureaucrats under the Centre’s control.

• On State Legislature: The State Legislative Assembly is either dissolved or suspended. Parliament assumes legislative powers and can pass laws for the state. The President can issue ordinances if Parliament is not in session.

• The State Legislative Assembly is either dissolved or suspended.

• Parliament assumes legislative powers and can pass laws for the state.

• The President can issue ordinances if Parliament is not in session.

• On Judiciary The High Court continues to function independently. Judicial powers remain unaffected, ensuring the rule of law.

• The High Court continues to function independently.

• Judicial powers remain unaffected, ensuring the rule of law.

• On Fundamental Rights of Citizens No direct impact on fundamental rights. The state administration must function under constitutional safeguards. In extreme cases, civil liberties may be restricted if law-and-order deteriorates.

• No direct impact on fundamental rights.

• The state administration must function under constitutional safeguards.

• In extreme cases, civil liberties may be restricted if law-and-order deteriorates.