Akanksha Bhatt
Give model answer - Q. Discuss the constitutional provisions related to the imposition of President's
Rule in a State. Critically examine the role of Governor in recommending President's Rule with
reference.
Subject: Polity
India's constitutional framework provides for President's Rule under Article 356, a
crucial emergency provision that has seen both judicious application and controversial
impositions, with states like Manipur and Uttar Pradesh witnessing it eleven times each.
Constitutional Framework for President's Rule
Article 356 empowers the President to assume all functions of the state government
and parliament's powers over state subjects if he is satisfied that the constitutional
machinery has failed in that state.
The proclamation must be approved by both houses of Parliament within two months
through a simple majority.
Article 357 enables Parliament to delegate legislative powers to the President or other
specified authorities during President's Rule.
Initially valid for six months, it can be extended up to a maximum of three years with
parliamentary approval every six months.
Role of Governor in Recommending President's Rule
The Governor serves as the constitutional head and primary channel of
communication between state and centre.
Grounds for recommendation include:
Breakdown of constitutional machinery
Failure to form government post-elections
Loss of majority in assembly
Internal subversion or physical breakdown
Judicial Safeguards and Landmark Judgments
The S.R. Bommai case (1994) established crucial principles:
President's satisfaction is subject to judicial review
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Akanksha Bhatt
Floor test is mandatory to prove majority
Secularism is part of the basic structure
State assembly cannot be dissolved before parliamentary approval
Critical Analysis
Positive Aspects
Provides constitutional remedy during genuine administrative breakdown
Ensures continuity of governance in crisis situations
Acts as deterrent against state government's unconstitutional actions
Concerns
Potential for misuse for political purposes
Undermines federal structure and state autonomy
Arbitrary recommendations by Governors (e.g., recent Manipur crisis)
The evolution of President's Rule from a "dead letter" as envisioned by Dr. B.R.
Ambedkar to its current form reflects the maturation of Indian democracy, with judicial
oversight and parliamentary accountability serving as essential checks against its
misuse. The focus should be on strengthening federal cooperation rather than using
Article 356 as a tool of political control.
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