President's rule
Encyclopedia
President's rule is the term used in India
when a state legislature is dissolved or suspended and the state is placed under direct federal rule. President's rule is enabled by article 356 of the Constitution of India
, which gives the central government the authority to impose president's rule in any state
if there has been failure of the constitutional machinery in the state.
It is called president's rule as the President of India
governs the state instead of a Council of Ministers who are answerable to the elected legislature. The state governor is delegated executive authority on behalf of the central (federal) government. The governor normally appoints advisor(s), who are retired civil servants, to help in administration. Since the governor is appointed by the President of India on the advice of the central government, in practice policies are controlled by the ruling party at the center.
shall be the head of the state executive. As in practice, the President acts according to the advice of Council of Ministers at the Centre, the administration of the state is performed according to the policies of ruling party at the center.
state system. Since the adoption of Indian constitution in 1950, the central government has used this article several times to dissolve elected state governments and impose President's rule.
The article was used for the first time in Punjab on 20 June 1951. It has also been used in the state of Patiala and East Punjab States union (PEPSU) and then during Vimochana samaram
to dismiss the democratically elected Communist
state government of Kerala
on 31 July 1959. In the 1970s and 1980s it almost became common practice for the central government to dismiss state governments led by opposition parties. The Indira Gandhi
regime and post-emergency Janata Party were noted for this practice. It is only after the landmark case of S. R. Bommai v. Union of India
that the misuse of Article 356 was curtailed. In this case, the Supreme Court
established strict guidelines for imposing president's rule.
Article 356 has always been the focal point of a wider debate of the federal structure of government in Indian polity. The Sarkaria Commission
on Center-State relations has recommended that Article 356 must be used "very sparingly, in extreme cases, as a measure of last resort, when all the other alternatives fail to prevent or rectify a breakdown of constitutional machinery in the state".
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
when a state legislature is dissolved or suspended and the state is placed under direct federal rule. President's rule is enabled by article 356 of the Constitution of India
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
, which gives the central government the authority to impose president's rule in any state
States and territories of India
India is a federal union of states comprising twenty-eight states and seven union territories. The states and territories are further subdivided into districts and so on.-List of states and territories:...
if there has been failure of the constitutional machinery in the state.
It is called president's rule as the President of India
President of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
governs the state instead of a Council of Ministers who are answerable to the elected legislature. The state governor is delegated executive authority on behalf of the central (federal) government. The governor normally appoints advisor(s), who are retired civil servants, to help in administration. Since the governor is appointed by the President of India on the advice of the central government, in practice policies are controlled by the ruling party at the center.
Article 356
Article 356 says that allows the president to dismiss a state government on the advice of the governor of the state or on his own if he is satisfied that the administration of the state cannot be carried out according to the provisions of the constitution. Once the elected government is dismissed;the President of IndiaPresident of India
The President of India is the head of state and first citizen of India, as well as the Supreme Commander of the Indian Armed Forces. President of India is also the formal head of all the three branches of Indian Democracy - Legislature, Executive and Judiciary...
shall be the head of the state executive. As in practice, the President acts according to the advice of Council of Ministers at the Centre, the administration of the state is performed according to the policies of ruling party at the center.
Criticism
Article 356 gave wide powers to the central government to assert its authority over a state if civil unrest occurred and the state government did not have the means to end the unrest. This is one of the articles that gave the Indian constitution some amount of unitary character. Though the purpose of this article is to give more powers to central government to preserve the unity and integrity of the nation, it has often been misused by the ruling parties at the center. It has been used as a pretext to dissolve state governments ruled by political opponents. Thus, it is seen by many as a threat to the federalFederation
A federation , also known as a federal state, is a type of sovereign state characterized by a union of partially self-governing states or regions united by a central government...
state system. Since the adoption of Indian constitution in 1950, the central government has used this article several times to dissolve elected state governments and impose President's rule.
The article was used for the first time in Punjab on 20 June 1951. It has also been used in the state of Patiala and East Punjab States union (PEPSU) and then during Vimochana samaram
Vimochana Samaram
The Liberation Struggle is an anti-Communist socio-political agitation started in 1958 against the first elected government in Kerala state, India under Communist Chief Minister E. M. S. Namboodiripad...
to dismiss the democratically elected Communist
Communist Party of India
The Communist Party of India is a national political party in India. In the Indian communist movement, there are different views on exactly when the Indian communist party was founded. The date maintained as the foundation day by CPI is 26 December 1925...
state government of Kerala
Kerala
or Keralam is an Indian state located on the Malabar coast of south-west India. It was created on 1 November 1956 by the States Reorganisation Act by combining various Malayalam speaking regions....
on 31 July 1959. In the 1970s and 1980s it almost became common practice for the central government to dismiss state governments led by opposition parties. The Indira Gandhi
Indira Gandhi
Indira Priyadarshini Gandhara was an Indian politician who served as the third Prime Minister of India for three consecutive terms and a fourth term . She was assassinated by Sikh extremists...
regime and post-emergency Janata Party were noted for this practice. It is only after the landmark case of S. R. Bommai v. Union of India
S. R. Bommai v. Union of India
S. R. Bommai v. Union of India was a landmark judgment of the Supreme Court of India, where the Court discussed at length provisions of Article 356 of the Constitution of India and related issues. This case had huge impact on Centre-State Relations...
that the misuse of Article 356 was curtailed. In this case, the Supreme Court
Supreme Court of India
The Supreme Court of India is the highest judicial forum and final court of appeal as established by Part V, Chapter IV of the Constitution of India...
established strict guidelines for imposing president's rule.
Article 356 has always been the focal point of a wider debate of the federal structure of government in Indian polity. The Sarkaria Commission
Sarkaria Commission
Sarkaria Commission was set up in June 1983 by the central government of India. The Sarkaria Commission's charter was to examine the relationship and balance of power between state and central governments in the country and suggest changes within the framework of Constitution of India. The...
on Center-State relations has recommended that Article 356 must be used "very sparingly, in extreme cases, as a measure of last resort, when all the other alternatives fail to prevent or rectify a breakdown of constitutional machinery in the state".
See also
- Federalism in IndiaFederalism in IndiaPart XI of the Indian constitution defines the power distribution between the federal government and the States in India. This part is divided between legislative and administrative powers. The legislative section is divided into three lists: Union list, States list and Concurrent list...
- PART XVIII of Indian constitutionPART Eighteen of the Constitution of IndiaPart XVIII - consists of Articles on Emergency ProvisionsArticles 352 - 359 on Emergency ProvisionsArticle 359A - Repealed - Replaced by the Constitution Act, 1989, s. 3....
- Article 370Article 370Article 370 of the Indian constitution grants special autonomous status to Jammu and Kashmir.-Text of Article 370:In view of its importance the text of the article 370 is reproduced below:Article 370 of the Constitution of India...
- Sarkaria CommissionSarkaria CommissionSarkaria Commission was set up in June 1983 by the central government of India. The Sarkaria Commission's charter was to examine the relationship and balance of power between state and central governments in the country and suggest changes within the framework of Constitution of India. The...