In recent news, the state of Maharashtra was placed under the jurisdiction of the President due to a political deadlock regarding government formation following the assembly polls held in October 2019. The Union Cabinet advised implementing the President’s rule after the state’s Governor presented a report on the situation. According to the Governor, the situation has resulted in instability where no stable government can be established or carried on under the norms of the Constitution. This dire condition led the President to declare a President’s rule under Article 356(1) of the Constitution. Consequently, the Assembly has been temporarily suspended.
Understanding Presidential Rule
Often referred to as ‘State Emergency’ or ‘Constitutional Emergency,’ the Presidential rule involves suspending the state government and imposing the direct governance of the Centre. This occurs under specific circumstances; for instance, when no party secures a majority in the assembly elections resulting in a ‘Hung Assembly.’ This scenario was outlined by the Supreme Court during the Bommai case in 1994 as an appropriate situation for exercising power under Article 356.
Constitutional Provisions Under Article 356
The President, based on the recommendation of the Union Council of Ministers, invokes Article 356 to impose the President’s Rule. This is typically done when the President, upon receiving a report from the State’s Governor, is convinced that the state’s government can’t function within the constitution’s regulations.
Parliamentary Approval and Duration of the Presidential Rule
The proclamation of the President’s Rule must receive approval from both Parliament houses within two months from the date of issue. This passage requires a simple majority in either House, i.e., a majority of the present and voting members. Initially, the President’s Rule lasts for six months but can be extended to a maximum of three years with Parliament’s approval every six months.
| Situation | Article Invoked | Approval | Duration |
|---|---|---|---|
| Stalemate in Government Formation | Article 356 | Approved by both Houses of Parliament | Initially valid for six months, extendable up to three years |
Implications of Presidential Rule
Upon the implementation of the President’s Rule, the state governor carries out the state administration on behalf of the President, assisted by the state’s chief secretary or the President’s advisors. The President has the authority to announce that the state legislature powers shall be exercised by the Parliament. Additionally, the state legislative assembly can be either suspended or dissolved by the President.
Reversing the Presidential Rule
A proclamation of the Presidential Rule can be reversed by the President at any time without requiring parliamentary approval. This typically occurs when a party leader presents letters of support from a majority of Assembly members, thereby staking their claim to form a government.
Guidelines for a Hung Assembly
In case of a Hung Assembly, the Punchii Commission suggests that the Governor should invite the party or coalition with the broadest backing in the Legislative Assembly to form the Government. If a pre-poll alliance or coalition exists, it should be regarded as a single political entity. If no single party or pre-poll coalition has a clear majority, the Governor should appoint the Chief Minister per the stated preferences.
