Maarg Manthan · Topic 10.3

President’s Rule / State Emergency (Article 356)

Indian Polity › Emergency Provisions · Topic 10.3

Under Article 356 the President can take over a state’s government when constitutional machinery fails, with Parliament approving by a simple majority within two months and extending it six months at a time for up to three years.

5 min read · UPSC Prelims · Polity · Emergency Provisions

At a Glance

What it is Takeover of a state’s government by the Centre on failure of constitutional machinery
Article Article 356, with Articles 355 and 365
Approval Both Houses within two months, by a simple majority
Duration Six months at a time, maximum three years
Exam link UPSC Prelims, Polity: Emergency Provisions

Where Does It Fit?

This is the third topic of the category on Emergency Provisions. President’s Rule is also known as State Emergency or Constitutional Emergency, though the Constitution does not use the word emergency for it. Article 356 has become one of the most controversial and criticised provisions of the Constitution.

Grounds of Imposition

Article 355 imposes a duty on the Centre to protect every state against external aggression and internal disturbance and to ensure that the government of every state is carried on in accordance with the Constitution. President’s Rule can be proclaimed on two grounds. Article 356 empowers the President to issue a proclamation if satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the Constitution; the President can act on a report of the Governor or otherwise, even without the Governor’s report. Article 365 says that whenever a state fails to comply with or give effect to any direction from the Centre, it is lawful for the President to hold that such a situation has arisen.

Approval and Duration

The proclamation must be approved by both Houses within two months of issue. If the Lok Sabha is dissolved, the proclamation survives until 30 days from the first sitting of the reconstituted Lok Sabha, provided the Rajya Sabha approves it in the meantime. Once approved, it continues for six months and can be extended with Parliament’s approval every six months, for a maximum of three years. Every resolution approving the proclamation or its continuation is passed by a simple majority of members present and voting.

The 44th Amendment Act of 1978 restrained extension beyond one year. Beyond one year, it can be extended by six months at a time only when a National Emergency is in operation in the whole of India or in the whole or any part of the state, and the Election Commission certifies that general elections to the assembly cannot be held on account of difficulties. The President’s Rule imposed in Punjab in May 1987 was allowed to continue for five years under the 68th Amendment Act of 1991. The President may revoke the proclamation at any time without parliamentary approval.

Consequences of President’s Rule

The President can take up the functions of the state government and the powers of the Governor or any other executive authority, declare that the powers of the state legislature are to be exercised by Parliament, and take other necessary steps, including suspending constitutional provisions relating to any body or authority in the state. The state council of ministers headed by the chief minister is dismissed. The Governor, on behalf of the President, carries on the administration with the help of the chief secretary or advisers. The assembly is suspended or dissolved, and Parliament passes the state legislative bills and the state budget.

Parliament can delegate the power to make laws for the state to the President or another authority, and the President can authorise expenditure from the state consolidated fund when the Lok Sabha is not in session. Laws so made continue after the President’s Rule ends, but the state legislature can repeal, alter or re-enact them. The President cannot assume the powers of the state high court or suspend the constitutional provisions relating to it.

National Emergency Compared with President’s Rule

Point	National Emergency (352)	President’s Rule (356)
Ground	War, external aggression or armed rebellion	Failure of constitutional machinery in a state
State government	Continues to function	Dismissed; legislature suspended or dissolved
Delegation of lawmaking	Parliament cannot delegate	Parliament can delegate to the President
Maximum period	None	Three years
Reach	Relations of the Centre with all states	Only the state concerned
Approval majority	Special majority	Simple majority
Fundamental Rights	Affected	Not affected
Revocation by Lok Sabha	Lok Sabha can force revocation	No such provision

Why Is This Topic Important?

Most debated article Article 356 is asked in Prelims and Mains
Bommai link Judicial review rests on S.R. Bommai (1994)
Comparison table Differences with Article 352 are favourites

What Came Next?

The next topic covers Financial Emergency under Article 360.

Key People and Terms

Article 355 Union’s duty to protect states
Article 365 Failure to comply with Union directions
State Emergency Another name for President’s Rule
President’s Acts Laws made by the President for a state under President’s Rule
Chief secretary Assists the Governor in administration

Exam Corner

Points to Remember

Two grounds: Article 356 and Article 365.
Approval within two months by simple majority.
Maximum three years; beyond one year needs Election Commission certificate.
High court powers cannot be taken over.

Do Not Confuse With

Article 355 and Article 356 355 is the duty, 356 is the power
President’s Rule and National Emergency One state versus the whole country; three-year limit versus none
Dissolution and suspension of the assembly Dissolution only after Parliament approves, as Bommai held

Memory Hook

Dismiss the ministry, hold the House, Parliament speaks for the state, three years at most.

Mains Angle

Questions on this topic usually ask about misuse of Article 356. Use these points to add depth.

Duty to power Article 355 supplies the basis for Article 356
Safeguards Judicial review, Election Commission certificate
Federal concern Misuse in politically partisan ways
Ambedkar’s hope He hoped it would remain a dead letter

A Question You May Face

An original practice question, not a past paper question.

“Examine the circumstances in which President’s Rule can be imposed and the safeguards against its misuse.”

How to Answer

Introduction Article 355, 356 and 365.
Procedure Approval, duration.
Safeguards 44th Amendment and Bommai.
Conclusion Last-resort use.

GS Relevance

Prelims: Indian Polity, emergency. GS Paper 2: Federalism and the role of the Governor.

Frequently Asked Questions

What is President’s Rule?

President’s Rule is the takeover of a state’s administration by the Centre under Article 356 when the government of the state cannot be carried on in accordance with the Constitution. It is also called State Emergency or Constitutional Emergency.

How long can President’s Rule last?

It must be approved within two months and then continues for six months at a time, with Parliament’s approval, up to a maximum of three years. Beyond one year, a National Emergency and an Election Commission certificate are needed.

What is the majority needed to approve President’s Rule?

A resolution approving the proclamation of President’s Rule or its continuation can be passed by either House of Parliament only by a simple majority, that is, a majority of members present and voting, unlike the special majority for National Emergency.

What happens to the state government under President’s Rule?

The state council of ministers headed by the chief minister is dismissed, and the state legislative assembly is suspended or dissolved. The Governor, on behalf of the President, administers the state, and Parliament passes the state legislative bills and budget.

Can the President take over the high court during President’s Rule?

No. The President cannot assume the powers vested in the state high court or suspend the constitutional provisions relating to it. The position, status, powers and functions of the high court remain the same during President’s Rule.

PYQ Practice — Statement Analysis

1 President’s Rule can be imposed for a maximum of three years.

True

In six-month steps.

2 The approval of President’s Rule requires a special majority.

False

A simple majority.

3 Under President’s Rule the high court of the state is suspended.