Context: A delegation of 10 MLAs from the Manipur Assembly met the Governor of the State and pressed for the formation of a viable government in Manipur that has been under President’s Rule since February 2025.
Relevance of the Topic: Prelims: Key facts about Article 355 and 356.
President Rule in Manipur:
- The President of India issued a proclamation under Article 356 of the Constitution after receiving a report from the Governor of Manipur.
- The President was satisfied that a situation had arisen that the government of that State cannot be carried on in accordance with the provisions of the Constitution of India.
- Article 356 (3) states that the proclamation shall be laid before each House of Parliament and shall cease to operate at the expiration of two months unless approved by resolutions of both Houses of Parliament.
- The Manipur Legislative Assembly will be under suspended animation. The Assembly has not been dissolved and its tenure is till 2027. The administrative and other security-related decisions will now be taken by the Governor of Manipur.
- Manipur has been affected by ethnic violence for the past two years. More than 250 people have been killed and around 60,000 people displaced in the ethnic violence between the tribal Kuki-Zo and the Meitei people in the State that erupted on May 3, 2023
Consequences of the President’s rule in any state
The consequences follow after the implementation of the President’s rule in a state:
- The governor of such a state exercises executive powers on the behalf of the President of India.
- The State Legislative Assembly (Vidhan Sabha) of such a state is either dissolved or kept under suspended animation.
- The administration of the state comes under the direct control of the Union government.
- The Election Commission may conduct re-election for the formation of a new state government for the state, usually within 6 months. This is not mandatory and further depends on other considerations.
- Though such imposition does not affect the general public of the state directly, however, it can disrupt public welfare, since no major legal or administrative changes can be brought in the state.
- No new laws can be made by passing a bill in the state legislature during the President’s rule in a state. However, the governor can promulgate ordinances with the President’s approval.
- Pending public and state welfare policies remain pending or face delays during this period of the President’s rule.
Emergency Provisions
- These provisions are listed in Part XVIII of the Indian Constitution.
- Article 355 and 356:
- Article 355: Imposes a duty on the Centre to protect every State from external aggression and internal disturbance. It also specifies that the Centre should ensure that every State government operates according to the Constitution.
- Article 356: Allows for the imposition of the President’s rule if a State’s government cannot function in accordance with constitutional provisions.
Grounds of Proclamation of President's Rule
The President's Rule can be proclaimed under Article 356 on two grounds, one mentioned in Article 356 itself and another in Article 365:
- Article 356 empowers the President to issue a proclamation, if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. Notably, the President can act either on a report of the governor of the state or otherwise too (i.e., even without the governor's report).
- Article 365 says that whenever a state fails to comply with or to give effect to any direction from the Centre, it will be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
Process of Imposition of President’s Rule:
- President’s Rule cannot continue beyond one year unless:
- A National Emergency is in force in the entire country or in that specific state.
- The Election Commission certifies that elections to the state assembly cannot be held due to difficulties.
Instances of President’s rule in India:
- Since 1950, President’s Rule has been imposed 134 times across 29 states and Union Territories. Most frequently imposed in Manipur and Uttar Pradesh (10 times each).
- States/UTs under President’s Rule for the longest duration:
- Jammu & Kashmir: Over 12 years (4,668 days).
- Punjab: Over 10 years (3,878 days).
- Puducherry: Over 7 years (2,739 days).
- Jammu & Kashmir and Punjab experienced prolonged periods of President’s Rule due to insurgency, separatism, and law-and-order issues.
- The most recent case has been in Puducherry (2021), after the Congress government lost a vote of confidence.
Issues with respect to the Provisions:
- On several occasions, the President's Rule has been imposed in an arbitrary manner for political or personal reasons.
- It undermines the federal structure by placing states under direct control of the centre.
- Hence, Article 356 has become one of the most controversial and most criticised provisions of the Constitution.
Judicial observations in this context:
- S.R Bommai V Union of India: A nine-judge Bench unanimously held that the President’s power to issue a proclamation under Article 356 was subject to judicial review and courts could examine the decision to see if it suffered from illegality, malafide, extraneous considerations, abuse of power, or fraud.
- Views of Justice Jeevan Reddy: The fact that under the scheme of our Constitution, greater power is conferred upon the Centre vis-à-vis the states does not mean that states are mere appendages of the Centre”.
Suggestions with respect to the same
- Imposition of the President’s rule under Article 356 must be used as a last resort in situations of utmost gravity and urgency.
- Based on the SR Bommai Judgement and Sarkaria Commission recommendations, Article 356 should be used in the following circumstances:
- Where after general elections to the assembly, no party secures a majority, that is, 'Hung Assembly'.
- Where the party having a majority in the assembly declines to form a Ministry and the governor cannot find a coalition Ministry commanding a majority in the assembly.
- Where a Ministry resigns after its defeat in the assembly and no other party is willing or able to form a ministry commanding a majority in the assembly.
- Where the constitutional direction of the Central government is disregarded by the state government.
- Internal subversion where, for example, a government is deliberately acting against the Constitution and the law or is fomenting a violent revolt.
- Physical breakdown where the government wilfully refuses to discharge its constitutional obligations endangering the security of the state.
- M.M. Punchhi Commission: It has proposed a localised approach where only specific areas of a state could be brought under central rule and not the entire state, it will curb the impulsive decision to impose President’s rule.