President’s rule

Subject: Polity

Context: President’s Rule was imposed in the Union Territory of Puducherry and the Legislative Assembly was placed under suspended animation.

Concept:

It was based on the report of administrator of the UT of Puducherry that administration of the Union Territory of Puducherry cannot be carried on in accordance with the provisions of the Government of Union Territories Act, 1963 (20 of 1963)”.

About the President’s rule

It is the suspension of an elected state/UT government and the imposition of direct rule of the Centre, also called as the “state emergency”.
The Constitution provides for the President’s Rule imposition through the invocation of Article 356 of the Constitution by the President on the advice of the Union Council of Ministers.
This application of the President’s rule is done after receipt of the report from the Governor of the State or otherwise (Article 365 says that whenever a state fails to comply with or to give effect to any direction from the Centre, it will 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), 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

Parliamentary Approval and Duration of Art 356

Proclamation must be approved by both the Houses of Parliament within two months from the date of its issue through simple majority in either House.
It is initially valid for six months and can be extended for a maximum period of three years with the approval of the Parliament, every six months.

Revocation

A proclamation of President’s Rule may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.
Consequences of President’s Rule
The state governor, on behalf of the President, carries on the state administration with the help of the chief secretary of the state or the advisors appointed by the President.
The President can declare that the powers of the state legislature are to be exercised by the Parliament.
The President either suspends or dissolves the state legislative assembly.