In recent developments, the political landscape in Manipur shifted dramatically with the resignation of Chief Minister N Biren Singh. The Bharatiya Janata Party (BJP) is now exploring options for a new Chief Minister. If consensus fails, President’s Rule may be imposed. This would mark intervention by the central government, which the BJP typically seeks to avoid.
About President’s Rule
President’s Rule is invoked under Article 356 of the Constitution of India. It allows the President to assume control of a state government when the constitutional machinery fails. The process begins with the Governor reporting to the President. If the President is satisfied that the state’s government cannot function, a proclamation is issued. This proclamation can last for two months without parliamentary approval.
Duration and Extension
President’s Rule can be extended beyond two months with the approval of both houses of Parliament. Initially, it can be extended for six months, with further extensions possible. Extensions beyond one year require special conditions, such as a national emergency or certification from the Election Commission regarding election difficulties.
Historical Context and Frequency
Since the Constitution’s inception in 1950, President’s Rule has been imposed 134 times across 29 states and Union Territories. Manipur and Uttar Pradesh have experienced this measure most frequently, each facing it ten times. However, Jammu and Kashmir holds the record for the longest duration under President’s Rule, surpassing 12 years.
Recent Instances of President’s Rule
The most recent application of President’s Rule occurred in Puducherry in 2021 after the Congress government lost a vote of confidence. Puducherry has spent over seven years under central control, primarily due to political instability.
Judicial Oversight and Supreme Court Rulings
The Supreme Court of India has played important role in defining the scope of President’s Rule. In the landmark case of S R Bommai v Union of India (1994), the court ruled that the President’s power is subject to judicial review. The court can examine whether the decision to impose President’s Rule was based on relevant material and free from malafide intentions.
Impact on Federalism and State Autonomy
The Supreme Court’s ruling emphasised the need to protect state powers. It clarified that while the Centre holds authority, states should not be seen merely as extensions of the central government. The court’s guidelines aim to maintain the independence of state governments and curb arbitrary actions by the Centre.
Trends in the Use of President’s Rule
Post-Bommai, the instances of President’s Rule have decreased, indicating a shift towards respecting state autonomy. The political dynamics and judicial oversight have contributed to this trend, reflecting a more balanced relationship between the Centre and the states.
Questions for UPSC:
- Critically examine the implications of President’s Rule on federalism in India.
- Discuss in the light of historical instances, the reasons for the imposition of President’s Rule in various states.
- What are the constitutional provisions governing President’s Rule? Explain their significance.
- With suitable examples, discuss how judicial review has shaped the application of President’s Rule in India.
Answer Hints:
1. Critically examine the implications of President’s Rule on federalism in India.
- President’s Rule centralizes power, undermining state autonomy.
- It can disrupt the federal structure by allowing the Centre to intervene in state affairs.
- Frequent imposition may lead to political instability and weaken state governments.
- Judicial oversight has reinforced the need to protect state powers from arbitrary central actions.
- Over time, the trend has shifted towards respecting state autonomy, reducing instances of President’s Rule.
2. Discuss in the light of historical instances, the reasons for the imposition of President’s Rule in various states.
- Political instability, often due to coalition governments losing majority support, is a common reason.
- Recurring law and order issues, as seen in Jammu & Kashmir, have led to central intervention.
- Defections and infighting within ruling parties often precipitate a loss of confidence in state governments.
- States like Manipur and Uttar Pradesh have faced repeated impositions due to ongoing political crises.
- The most recent cases, such as in Puducherry, highlight the impact of failed votes of confidence.
3. What are the constitutional provisions governing President’s Rule? Explain their significance.
- Article 356 allows the President to assume control when a state’s government fails to function.
- The process begins with a report from the Governor to the President regarding the situation.
- A proclamation can initially last for two months without parliamentary approval, emphasizing urgency.
- Extensions require parliamentary approval to ensure democratic oversight of central intervention.
- Special conditions for extending beyond one year safeguard against misuse of power and arbitrary governance.
4. With suitable examples, discuss how judicial review has shaped the application of President’s Rule in India.
- The Supreme Court’s ruling in S R Bommai v Union of India established that President’s actions are subject to judicial review.
- Courts can assess if the material presented to the President was relevant and free from malafide intent.
- Judicial oversight has prevented arbitrary dismissals of state governments, reinforcing federal principles.
- The ruling led to a decline in the frequency of President’s Rule, promoting state autonomy.
- Examples include the revival of dismissed governments when parliamentary approval was not obtained within the stipulated time.
