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.