President’s rule



Published on 06 Jan 2025

President’s rule

President’s rule is when the state government is suspended and the central government directly administers the state through the governor. According to article 356, the President's rule can be imposed if the governance within the state is not by the provisions of the Constitution or if the state is not complying with the directions of the central government.


Concerns associated with the use of Article 356

  • Misuse for political gain: The provision has been used by the central government to dismiss the state governments led by political rivals to gain political advantage.

    • Example: In 1977, the Janata Party government at the centre dismissed nine state governments led by the Congress party.

  • Erosion of federalism: Frequent use of Article 356 erodes the autonomy of states and centralizing power in the hands of the central government.

    • Example: Till 2019, Article 356 was invoked over 125 times in various states, raising concerns regarding its impact on federalism.

  • Against the spirit of democracy: Suspending the elected government and replacing it with the rule of executive is a blot on India’s democratic polity.

    • Example: In 2005, President's rule was imposed in Bihar and it took nearly 2 years to hold fresh elections which indicates the delay in restoring democracy,

  • Political instability: Dethroning the existing government, followed by executive rule and then another government creates political chaos and uncertainty in the region.

    • Example: Indira Gandhi's reign between 1966 to 1977 marked a period of political uncertainty. This period also witnessed the President's rule imposed in 39 cases.

  • Disrupt governance: Suspension of government delays the policies and programmes of the government and affect essential delivery of services to the people.

Judicial observation on Article 356

  • S R Bommai case, 1994: Proclamation of President's rule is subjected to judicial review and is restricted to analysing the relevance of the material based on which President imposed President's rule. If the proclamation is found to be unconstitutional, the government will be restored.


Thus Article 356 was incorporated into the constitution to be used as a last resort instrument to ensure order in times of crises. The provision shall not be used with political intent to grab more power which threatens the democratic and federal nature of the Indian state.

Tags:
Polity

Keywords:
President’s rule Article 356 S R Bommai case Challenges to federalism

Syllabus:
General Studies Paper 2

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