The President's Rule (or State Emergency) refers to the imposition of Article 356(1) of the Constitution of India. The article refers to the suspension of a state government which places the state under the direct control of the central government of India with Governor as its constitutional head.
The Election Commission is responsible for deciding when fresh elections will be held, which may not be within six months.
The Governor assumes the executive functions of the State, and the President acts based on the Governor's report (or otherwise, if he deems the situation warrants it).
Why is it implemented?
Article 356 of the Constitution of India gives power to the President if certain conditions are not satisfied by the state government
- If a state is unable to find a leader who can be appointed as its Chief Minister within the time prescribed by the Governor.
- If the state's coalition government fails, with the Chief Minister not having Majority support to rule.
- If the state's elections are postponed for unavoidable reasons like war, natural disasters or epidemics.
- If the state is unable to comply with the constitutional norms and experiencing political unrest.
- Loss of majority for the ruling party in the Assembly, often through a vote of no-confidence.
Duration of the President's Rule
In normal conditions, the President’s Rule is imposed for six months. This period can be extended up to three years.
- President's Rule can be revoked at any time by the President without the approval of the Parliament.
- But according to the 44th Amendment Act of 1978, President's rule can only be extended over a year every 6 months with the approval of both houses of Parliament; if only the following conditions are met:
- The Election Commission certifies that the conduct of general elections to the State Assembly cannot take place.
- There is already a National Emergency throughout India or in the whole or any part of the state.
Misuse and Supreme Court Guidelines
Kerala and President's Rule
Kerala is no stranger to the President's rule, in fact, the state's very first democratically elected ministry (led by E. M. S. Namboodiripad) was dismissed under it.
So far, the President's rule was imposed on Kerala for a total of 8 terms since independence.
The first instance was in Travancore-Cochin before the formation of the modern Kerala state in 1956.
After the Kerala state was formed in 1956 through the States Reorganisation Act, the President's Rule was imposed on Kerala for 7 terms (4 years).
- March 23, 1956 – October 31, 1956 (222 days)
- November 1, 1956 – April 5, 1957 (155 days; General election)
- July 31, 1959 – February 22, 1960 (206 days)
- September 10, 1964 – 6 March 1967 (2 years, 177 days)
- August 4, 1970 – October 3, 1970 (60 days)
- December 5, 1979 – January 25, 1980 (51 days)
- October 21, 1981 – December 28, 1981 (68 days)
- March 17, 1982 – May 23, 1982 (67 days)
📝SideNotes:
- First Indian Ministry that was dismissed as per President's Rule – EMS Ministry.
- The presidential rule was enforced for the first time in Kerala – 1956.
- How many times Kerala came under presidential rule – 7.
- The presidential rule was enforced for the last time in Kerala – 1982.
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