Here's how and why:
1. Judicial Review of President's Rule (Article 356)
While the President issues the proclamation of President’s Rule under Article 356 of the Indian
Constitution, this action is subject to judicial review, as affirmed by the Supreme Court in the
S.R. Bommai v. Union of India (1994) case.
2. Role of High Courts
Though Article 356 is a central action, High Courts have the constitutional authority to review
whether fundamental rights or constitutional principles are being violated, especially if the matter
arises within their territorial jurisdiction.
In the 2016 Uttarakhand case, the Uttarakhand High Court quashed the proclamation, asserting
that:
The imposition of President’s Rule was mala fide (done in bad faith).
It violated the democratic principle that the majority should be tested on the floor of the House,
not decided by the Governor or President unilaterally.
3. Supreme Court's Oversight
While High Courts can issue such rulings, the Supreme Court remains the final authority. In the
Uttarakhand case, the Supreme Court later upheld the High Court’s position and supervised the
floor test, reinforcing the judiciary's role in checking misuse of Article 356.
✅
Summary:
Yes, a High Court can quash a President’s Rule proclamation if it finds the action
unconstitutional or mala fide.
⚖️ This is backed by the principle of judicial review from the S.R. Bommai case.
🏛 The Supreme Court has the final say and may review or uphold a High Court's decision.
Let me know if you’d like a timeline of the Uttarakhand 2016 events or details about the S.R.
Bommai case.
You said:
All Effects of state emergency on the concerned state.
ChatGPT said:
When President’s Rule (State Emergency under Article 356 of the Indian Constitution) is
imposed in a state, it has significant political, administrative, and constitutional effects. Here's a
breakdown of all the key effects on the concerned state:
✅ 1. Dissolution or Suspension of the State Legislative Assembly
The State Legislative Assembly is either:
Dissolved (elections to be held later), or
Kept under suspension (in case emergency might be revoked soon).
No legislative functions can be carried out by the elected state government.
✅ 2. The Executive Powers of the State are Assumed by the President
The President assumes all executive functions of the state.
These powers are exercised by the Governor on behalf of the President.
✅ 3. Central Government Takes Over the State Administration
The Council of Ministers and Chief Minister are dismissed.
The Governor runs the day-to-day administration with help from civil servants, acting under the
control of the Union Government.
✅ 4. Parliament Assumes the Power to Make Laws for the State
The Parliament makes laws for the state during the emergency.
The President may authorize the use of Parliamentary or delegated legislative powers through
ordinances.
✅ 5. President Can Make Laws Through Ordinances (If Parliament is Not in Session)
If Parliament is not in session, the President can promulgate ordinances to legislate for the
state.
✅ 6. Financial Control by the Center
The President can modify or suspend financial distribution to the state under Article 282 or
Article 293.
Grants and financial support from the Centre may be altered.
✅ 7. Restrictions on Fundamental Rights?
No, Article 356 does not automatically suspend Fundamental Rights.
Only under National Emergency (Article 352) are rights like Articles 19 or 21 restricted.
✅ 8. Duration and Approval
The proclamation must be approved by both Houses of Parliament within 2 months.
Once approved, it can last 6 months at a time, and can be extended up to 3 years, with certain
constitutional safeguards:
After 1 year, it can only be continued if:
A National Emergency is in operation in the whole or any part of India, or
The Election Commission certifies that elections cannot be held in the state.
✅ 9. Judicial Review
The proclamation is subject to judicial review, especially after the S.R. Bommai v. Union of India
(1994) ruling.
If found mala fide or unconstitutional, courts can quash it.
