How Is President’s Rule Imposed?, Pg10

• President’s Rule is imposed under Article 356 when a State government cannot function according to constitutional provisions.

• It must be approved by Parliament within two months and can continue for a maximum of three years, with approval every six months.

• Governors have shown inconsistent approaches toward dissolving Assemblies after invoking Article 356.

• The S.R. Bommai judgment (1994) is a constitutional landmark that restricted arbitrary use of Article 356 and allowed judicial review.

• Manipur has been under President’s Rule since February 2025

• Courts have intervened in recent cases (e.g., Bihar 2005, Uttarakhand & Arunachal Pradesh 2016) to strike down misuse of Article 356.

Detailed Insights:

• President’s Rule enables the Union government to assume control of a State when its constitutional machinery fails. It can be triggered either by a Governor’s report or failure to comply with Union directives (Art. 365).

• Historically, Article 356 has been misused for political reasons, despite Dr. Ambedkar’s hope that it would remain a “dead letter.”

• The S.R. Bommai case (1994) introduced key safeguards, making the imposition of President’s Rule justiciable and subject to judicial review.

• Assemblies cannot be dissolved until Parliament ratifies the proclamation.

• Article 356 must be used only for constitutional breakdown, not for mere political instability.

Key Concepts Involved:

• Article 356: Allows President’s Rule when governance in a State cannot be carried on per constitutional norms.

• Article 365: Trigger for President’s Rule when a State fails to follow directions given by the Union under the constitutional provisions.

Mains Mock Question:

Examine the constitutional safeguards and judicial interventions associated with the imposition of President’s Rule under Article 356. Discuss the relevance of the S.R. Bommai judgment in ensuring federal integrity in India.