Published on: February 17, 2025
HOW DOES A PRESIDENT’S RULE FUNCTION?
HOW DOES A PRESIDENT’S RULE FUNCTION?
The Story So Far
- On February 13, four days after Manipur Chief Minister N. Biren Singh resigned, the Union government imposed President’s rule in Manipur.
- The Ministry of Home Affairs stated that President Droupadi Murmu was satisfied that the State government could not function as per the Constitution.
Why Has It Been Imposed?
- Ethnic violence between Meitei and Kuki-Zo communities since May 2023.
- Over 250 deaths and displacement of more than 60,000 people.
- Political instability after the Chief Minister’s resignation on February 9.
What Does the Constitution Say?
- Emergency provisions are outlined in Part XVIII of the Constitution.
- Three types of emergencies:
- National Emergency (Article 352)
- State Emergency or President’s Rule (Article 356)
- Financial Emergency (Article 360)
- President’s Rule is imposed when a State’s constitutional machinery fails.
- The President acts upon a Governor’s report or otherwise, transferring executive powers to the Centre.
- Legislative functions shift to Parliament, but the High Court remains unaffected.
- Article 365 states that if a State disobeys Union directions, a constitutional emergency may be declared.
Duration and Approval Process
- The proclamation must be approved by both Houses of Parliament within two months.
- Initially valid for six months, extendable in six-month increments.
- Cannot exceed three years unless:
- A National Emergency is in effect.
- The Election Commission confirms difficulties in holding State elections.
- The President can revoke the proclamation anytime.
Difference Between National Emergency and President’s Rule
Feature | National Emergency (Article 352) | President’s Rule (Article 356) |
Trigger | War, external aggression, armed rebellion | Breakdown of constitutional machinery in a State |
Frequency | Declared thrice (1962, 1971, 1975) | Over 134 times across India |
Parliamentary Approval | Special majority needed | Simple majority needed |
Impact on Government | State government continues but Parliament gains overriding powers | State executive is dismissed, and legislature suspended/dissolved |
Effect on Fundamental Rights | Article 19 can be suspended | No impact on fundamental rights |
Does President’s Rule Affect Fundamental Rights?
- No suspension of fundamental rights.
- The President exercises State executive powers, with the Governor administering on their behalf.
- Parliament may legislate for the State and sanction expenditure from its Consolidated Fund.
Instances of President’s Rule in India
- Imposed 134 times since 1950.
- First imposed in Punjab (1951).
- Manipur has experienced President’s Rule 11 times, tying with Uttar Pradesh.
- Longest durations:
- Jammu & Kashmir: Over 12 years.
- Punjab: Over 10 years.
- Puducherry: Over 7 years.
Supreme Court’s View on President’s Rule
- Initially upheld frequent impositions of President’s Rule.
- S.R. Bommai vs Union of India (1994):
- Article 356 should be used as a last resort.
- Judicial review applicable; courts can strike down misuse.
- President cannot dissolve the Assembly without Parliament’s approval.
- The Centre must warn the State before imposing President’s Rule.
- Political misuse is unconstitutional; it should only be used for genuine breakdowns of constitutional machinery.