Question

What is meant by President rule?

Hint:

Always mention the relevant article, {Article 356}, when discussing President's Rule. It is also useful to mention the landmark Supreme Court case, {S.R. Bommai v. Union of India} (1994), which laid down guidelines to prevent its misuse.

Answer 1

Step 1: Key Concept:
President's Rule, also known as State Emergency, refers to the imposition of direct central government rule in a state. It is provided for under Article 356 of the Constitution of India. It is a drastic measure taken when the constitutional machinery in a state is deemed to have failed.
Step 2: Detailed Explanation:
The key aspects of President's Rule are:
1. Grounds for Imposition: It can be proclaimed by the President of India if they are satisfied, usually on the basis of a report from the Governor of the state, that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
2. Consequences: When President's Rule is imposed:
- The President can take over all the functions of the state government.
- The State Council of Ministers is dismissed.
- The powers of the State Legislature are exercised by or under the authority of the Parliament.
- The Governor administers the state on behalf of the President.
- The State Legislative Assembly is either suspended or dissolved.
3. Parliamentary Approval: A proclamation of President's Rule must be approved by both Houses of Parliament within two months from the date of its issue. If approved, it can continue for six months at a time, for a maximum period of three years (with certain conditions).
It is a controversial provision as it has sometimes been used for political purposes to dismiss state governments run by opposition parties.