- December 11, 2021
- Posted by: admin1
- Category: DPN Topics
Subject – Polity
Context – BJP MP asks for Presidential Rule in Jharkhand after ECI order on official
- 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.
- 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.