Question

Under what circumstances is president's rule imposed. Discuss.

Hint:

For a comprehensive answer, always mention the key article ({Article 356}), the main ground ('failure of constitutional machinery'), and the supplementary ground ({Article 365}). It is also good practice to mention the {S.R. Bommai case} as a check against its misuse.

Answer 1

President's Rule refers to the imposition of direct central government rule in a state, as provided for under Article 356 of the Constitution of India. It is an extraordinary measure taken when the normal constitutional machinery of a state fails. The circumstances under which it can be imposed are as follows:
1. Failure of Constitutional Machinery (Article 356): - The primary circumstance is the failure of the constitutional machinery in a state. The President can issue a proclamation if he is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
- The President's satisfaction is usually based on a report from the Governor of the concerned state, but he can act even without the Governor's report.
- Examples of 'failure of constitutional machinery' include:
- Hung Assembly: After an election, no single party or coalition is able to form a government and command a majority in the Legislative Assembly.
- Loss of Majority: The ruling party loses its majority in the assembly, and no alternative government can be formed.
- Widespread Breakdown of Law and Order: A situation of internal subversion or physical breakdown where the state government is unable to maintain peace and public order.
- Insurgency or Rebellion: Large-scale insurgency that paralyzes the state administration.
2. Failure to Comply with a Direction from the Centre (Article 365): - Article 365 provides another ground for imposing President's Rule. It states that if any state has failed to comply with, or to give effect to, any directions given by the Union in the exercise of its executive power, it shall be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
Discussion: The imposition of President's Rule is a controversial provision. While it is intended as a safety valve to protect democracy and constitutionalism, critics argue that it has often been misused by the central government for political purposes to dismiss state governments run by opposition parties. The landmark Supreme Court judgment in the {S.R. Bommai case (1994)} laid down strict guidelines to prevent its misuse, making the President's satisfaction subject to judicial review.