Topic 04 of 6 · Chapter 13 · Indian Polity
State Emergency — President’s Rule (Article 356)
Grounds, procedure, effects, duration, Sarkaria Commission recommendations, and the landmark S.R. Bommai case (1994).
📋 In This Article
1. Grounds for President’s Rule
Article 356 provides for President’s Rule (State Emergency) when:
- The President is satisfied that the government of a State cannot be carried on in accordance with the provisions of the Constitution
- This is usually based on the Governor’s report
- The President can also act on their own (without Governor’s report) if they have other information
⭐ Exam Fact: Article 356 is the most misused provision of the Constitution. It has been imposed more than 100 times since 1950. The S.R. Bommai case (1994) significantly restricted its misuse by making it subject to judicial review.
2. Procedure
- President proclaims President’s Rule on the Governor’s report or otherwise
- The proclamation must be approved by both Houses of Parliament within 2 months
- Approval requires simple majority (unlike National Emergency which requires special majority)
- If Lok Sabha is dissolved, Rajya Sabha can approve; Lok Sabha must approve within 30 days of its reconstitution
3. Effects
- State government is dismissed
- State Legislature is dissolved or suspended
- Centre takes over the administration of the State
- Governor administers the State on behalf of the President
- Parliament can make laws for the State
- Fundamental Rights are NOT suspended during President’s Rule
4. Duration
- Initially: 2 months (without Parliamentary approval)
- After Parliamentary approval: 6 months
- Maximum: 3 years (with Parliamentary approval every 6 months)
- Beyond 1 year: Requires special majority AND a national emergency must be in operation OR ECI must certify that elections cannot be held
5. Sarkaria Commission Recommendations
The Sarkaria Commission (1983-88) recommended restraint in using Article 356:
- Article 356 should be used as a last resort
- The Governor should give the State government an opportunity to prove its majority before recommending President’s Rule
- The Centre should warn the State government before imposing President’s Rule
- The Inter-State Council should be consulted
6. S.R. Bommai Case (1994)
💡 Most Important Case: S.R. Bommai v. Union of India (1994) is the most important case on President’s Rule. The Supreme Court held:
- The imposition of President’s Rule is subject to judicial review
- The President must have material before them to be satisfied that the constitutional machinery has failed
- The SC can examine whether the material was relevant and sufficient
- Secularism and federalism are basic structure elements
- A State government cannot be dismissed merely because the ruling party at the Centre is different
- The floor test (proving majority in the Assembly) should be the preferred method
✅ Remember: The S.R. Bommai case significantly restricted the misuse of Article 356. Before this case, President’s Rule was often imposed for political reasons. After this case, courts can review the imposition of President’s Rule.
7. Key Points for Exam
🔑 Must-Remember Facts
- President’s Rule: Article 356
- Grounds: Failure of constitutional machinery in State
- Parliamentary approval: Within 2 months; simple majority
- Maximum duration: 3 years
- FR during President’s Rule: NOT suspended
- S.R. Bommai (1994): President’s Rule subject to judicial review
- S.R. Bommai: Secularism and federalism are basic structure
- Sarkaria Commission: Article 356 should be used as last resort
- Article 356 imposed: More than 100 times since 1950
- National Emergency approval: Special majority; President’s Rule: Simple majority