How does a President’s rule function?

How does a President’s rule function?

Sub: Polity

Sec: Constitution

Context:

• On February 13, 2025, four days after Manipur Chief Minister N. Biren Singh’s resignation, the Union government announced President’s Rule in the State.
• A notification from the Ministry of Home Affairs stated that President Droupadi Murmu was satisfied that “a situation has arisen in which the government of that State cannot be carried on in accordance with the provisions of the Constitution.”

Reasons for Imposition

• Ethnic violence between Meitei and Kuki-Zo communities since May 2023 has resulted in over 250 deaths and displaced more than 60,000 people.
• The crisis originated from the Meitei demand for Scheduled Tribe (ST) status, which the Kukis opposed due to concerns over job reservations and affirmative action.
• A political deadlock followed after the resignation of the Chief Minister on February 9, with the ruling party struggling to select a new leader.

Constitutional Provisions for Emergencies

• Part XVIII of the Indian Constitution provides for emergency provisions, influenced by the German Constitution.
• These provisions safeguard India’s sovereignty, unity, and security by allowing the Central government to assume temporary control in extraordinary situations.
• Three types of emergencies are provided:
  • National Emergency (Article 352)
  • State Emergency (Article 356) – President’s Rule
  • Financial Emergency (Article 360)

President’s Rule under Article 356

• Grounds for Imposition: When a State’s constitutional machinery fails due to non-performance or malperformance, the President can invoke Article 356.
• Procedure:
  • The President may issue a proclamation based on a Governor’s report or other sources, stating that the State government cannot function as per constitutional provisions.
  • All executive functions of the State are transferred to the Centre, while legislative powers shift to Parliament. However, High Court powers remain unaffected.
• Relation to Article 355 & Article 365:
  • Article 355 obligates the Union to protect States from external aggression and internal disturbance.
  • Article 365 allows the President to declare a constitutional emergency if a State disobeys Union directives.
• Duration and Parliamentary Approval
• Initial Duration: The proclamation must be approved by both Houses of Parliament within two months by a simple majority; otherwise, it ceases to operate.
• Extension: Once approved, it remains in effect for six months, extendable in six-month increments with parliamentary approval.
• Maximum Duration:
  • Beyond one year, an extension requires:
    • A National Emergency in force, or
    • Election Commission certifying that elections to the State Assembly cannot be conducted.
  • The total duration cannot exceed three years.
• Revocation: The President may revoke it at any time via a subsequent proclamation.

Difference Between President’s Rule and National Emergency

Instances of President’s Rule in India

• Historical Usage:
  • B.R. Ambedkar expected Article 356 to remain a “dead letter,” but it has been used 134 times across 29 States and Union Territories.
  • First imposed in Punjab in 1951.
• Frequent Impositions:
  • Manipur and Uttar Pradesh: Most frequent instances (10 times each before 2025). The latest imposition brings Manipur’s count to 11.
  • Longest Duration: Jammu & Kashmir (4,668 days, over 12 years), followed by Punjab (3,878 days, over 10 years) and Puducherry (2,739 days, over seven years).
  • Longest in Manipur: Two years and 157 days (1969–1972).

Supreme Court’s Stand on President’s Rule

• S.R. Bommai vs. Union of India (1994):
  • The Supreme Court (SC) emphasized that Article 356 should be used as a last resort, as recommended by the Sarkaria Commission.
  • States are not “mere appendages” of the Centre.
  • President’s power under Article 356 is not absolute but conditional and subject to judicial review.
  • The President cannot dissolve a State Assembly without parliamentary approval.
  • The Centre must first issue a warning and seek an explanation from the State.
  • The invocation of President’s Rule must be due to a “constitutional breakdown” and not for political gains.