The Hindu Editorial Analysis- 19th November 2024 | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Manipur as a case for imposing Article 356 

Why in News?

The state of Manipur reflects a classic case of the failure of the constitutional machinery, necessitating invocation of Article 356 by the President of India. The President need not wait for the report from the Governor because, under this Article, the President can act if, “otherwise”, satisfied that a situation has arisen in which the government of that State cannot be carried on in accordance with the provisions of the Constitution. In Manipur, the unprecedented and horrific violence that erupted in May 2023, continues unabated.

Meaning of President’s Rule

• President's Rule (Article 356), also called Governor's Rule, occurs when a state government is unable to operate according to the Constitution.
• This situation arises when the state's constitutional system has broken down, leading to a suspension of the state's autonomy.
• During this time, the Central government takes direct control of the state's administration.
• President's Rule is sometimes referred to as 'Constitutional Emergency' or 'State Emergency'.
• However, the term "Emergency" is not officially used in the Indian Constitution for this scenario.
• When President's Rule is imposed, the Central government has the authority to suspend the State Legislature and manage the state through the Governor's office.
• This shift of power aims to restore constitutional order, maintain ongoing governance, and safeguard the interests of citizens when the regular state administration fails to function properly.

Constitutional Provisions Related to President’s Rule

Article 355 to Article 357 in Part XVIII and Article 365 in Part XIXof the Indian Constitution are related to the President’s Rule. These articles and their subject matters can be seen in the table below.

• Article 355: The Union has a responsibility to ensure that States are protected from outside attacks and internal conflicts. 
• Article 356: This article outlines the actions to take when the constitutional system in a State fails. 
• Article 357: It describes how legislative powers can be used when a proclamation is made under Article 356. 
• Article 365: This article explains the consequences if a State does not follow or implement the instructions given by the Union. 

Grounds of Imposition of President’s Rule

• According to Article 355 of the Indian Constitution, the Central Government has the responsibility to protect each State from external threats and internal unrest. 
• It is also tasked with ensuring that the government of every State operates according to the rules set out in the Constitution. 
• If the Constitutional Machinery in a State fails, the Central Government can take control of that State's government under Article 356. 
• The President's Rule can be declared under Article 356for two main reasons: 
  • Provisions stated in Article 356. 
  • Provisions mentioned in Article 365. 

The details of these two provisions are explained further below. 

Article 356

• According to Article 356 of the Indian Constitution, the President can declare President’s Rule in a state if it is believed that the state government cannot function as required by the Constitution. 
• The President has the authority to take this action based on a report from the Governor of the state. 
• Alternatively, the President can also make this decision without receiving any report from the Governor. 

Article 365

• According to Article 365 of the Indian Constitution, if a State does not follow or implement any instructions from the Central Government, the President has the authority to declare that a situation has occurred. 
• This situation indicates that the State Government is unable to function according to the rules set by the Constitution. 
• The President's action is based on the belief that the State cannot properly govern itself when it fails to comply with the directives from the Center. 

Parliamentary Approval of President’s Rule

• A proclamation that puts the President's Rule in place needs to be approved by both Houses of Parliament within two months from when it is issued. 
• If the proclamation is issued when the Lok Sabha has been dissolved, or if the Lok Sabha dissolves during the two-month period without approval of the proclamation, it will still remain in effect. 
• The proclamation will last until 30 days after the first meeting of the newly formed Lok Sabha, as long as the Rajya Sabha approves it during that time. 

Duration of President’s Rule

• If both Houses of Parliament agree, President’s Rule can last for six months. 
• It can be extended for a maximum of three years, but Parliament must approve it every six months. 
• If the Lok Sabha is dissolved during the six-month period and further continuation of President’s Rule is not approved, the rule will remain in effect for 30 days after the first meeting of the Lok Sabha once it is reformed, as long as the Rajya Sabha has approved it during that time. 
• The 44th Constitutional Amendment Act of 1978 introduced a new rule allowing President’s Rule to be extended beyond one year in increments of six months, but two conditions must be met: 
  • A National Emergency must be in effect across all of India or in the entire state or part of it. 
  • The Election Commission of India (ECI) must confirm that general elections for the state's Legislative Assembly cannot occur due to specific challenges. 

Revocation of President Rule

• A Proclamation of Emergency can be canceled by the President at any time through a new proclamation. 
• This cancellation does not need approval from parliament. 

Consequences of President’s Rule

• When the President’s Rule is in effect, the President gains special powers regarding the state in question: 
• The President is allowed to perform the duties of the State Government and assume the powers that belong to the Governor or any other official authority within the state. 
• The President can announce that the State Legislature powers will be exercised by the Parliament. 
• The President is also authorized to take any necessary actions, which may include suspending constitutional rules related to any organization or authority in the state. 
• Therefore, the outcomes and impacts of President’s Rule in a state can be examined in detail under the following three categories: 

Effects of President’s Rule on State Executive

• When the President’s Rule is put into effect in a state, the President removes the State Council of Ministers (CoM) led by the Chief Minister. 
• The State Governor, acting on behalf of the President, manages the state's affairs with assistance from the Chief Secretary or advisors appointed by the President. 
• This situation is why a declaration under Article 356 is commonly referred to as the imposition of ‘President’s Rule’ in a state. 

Effects of President’s Rule on State Legislature

• The President has the authority to either suspend or dissolve the State Legislative Assembly.
• The Parliament is responsible for passing State Legislative Bills and the State Budget.
• When the Parliament is not in session, the President can issue ordinances for the state.
• If the State Legislature is dissolved or suspended, the Parliamentgains certain powers:
  • The Parliament can transfer the authority to make laws for the state to the President or another designated authority.
  • The Parliament, or the President if authorized, can create laws that grant powers and assign duties to the Central Government or its officials.
  • When the Lok Sabha is not in session, the President can approve spending from the Consolidated Fund of the State until the Parliament can give its approval.
• Any law made by the Parliament, President, or another specified authority remains valid even after the imposition of President’s Rule.
• This indicates that the validity period of such a law does not end with the duration of the President’s proclamation.
• However, the State Legislature has the power to repeal, change, or re-establish such laws.

Effects of President’s Rule on State Judiciary

• During the Proclamation of the President’s Rule, the President cannot take on the powers of the High Court for himself. 
• The President is also not allowed to suspend any parts of the Constitution that relate to the High Court. 
• Therefore, the constitutional position, status, powers, and functions of the relevant State High Court stay unchanged, even when the President’s Rule is in effect. 

Misuse of President’s Rule (Article 356)

• Article 356 is one of the most debated and criticized parts of the Indian Constitution. 
• Since it was established in 1950, the President’s Rule has been enforced more than 125 times. 
• There have been instances where President’s Rule was applied unfairly for political or personal motives. 
• Almost all states in India have experienced President’s Rule at least once, and many more than that. 
• Dr. B.R. Ambedkar intended for the strong powers granted under Article 356 to be rarely used, only in extreme situations. 
• However, as noted by H.V. Kamath, Dr. Ambedkar has passed away, but Article 356 continues to be actively used. 

Scope of Judicial Review of President’s Rule

38th Constitutional Amendment Act of 1975

• The 38th Constitutional Amendment Act, passed in 1975, established that the President's judgment in using Article 356 is final.
• This means that no court can question the President's decision on this matter.
• As a result, the announcement of President’s Rule became protected from being reviewed by the judiciary.
• 44th Constitutional Amendment Act of 1978
  • The 44th Constitutional Amendment Act, enacted in 1978, removed the provision from the 38th Amendment.
  • It clarified that the President's satisfaction regarding the declaration of President’s Rule can be reviewed by the courts.

S.R. Bommai vs. Union of India Case (1994)

• The proclamation that imposes the President's Rule can be reviewed by the Judiciary. 
• The President's satisfaction must be based on relevant information. If it relies on unrelated or improper reasons, it can be canceled. 
• It is the responsibility of the Central Government to demonstrate that there is valid material that justifies the proclamation. 
• The court cannot assess whether the information is correct or sufficient, but it can check if it is relevant. 
• If the court finds the proclamation to be unconstitutional and invalid, it can restore the dismissed State Government and reactivate the State Legislative Assembly. 
• The State Legislative Assembly should only be dissolved after the approval of Parliament for the proclamation. Until then, the President can only suspend the assembly. 
• If Parliament does not approve the proclamation, the assembly will be reactivated. 
• Secularism is a fundamental aspect of the Constitution. Therefore, a State government that engages in anti-secular activities can face action under Article 356. 
• The issue of the State Government losing the support of the Legislative Assembly should be resolved in the assembly itself. Until that decision is made, the Council of Ministers should not be removed. 
• When a new political party comes to power at the national level, it cannot dismiss State governments that were formed by other parties. 
• The authority given by Article 356 is exceptional and should only be used in special circumstances. 

Significance of President’s Rule

• Ensuring Continuity of Governance – The President's Rule offers a legal way to handle cases when a State government cannot operate as required by the Constitution. This system helps keep the government running smoothly and prevents any disruptions in administration. 
• Upholding Constitutional Order – The application of President's Rule aims to restore the constitutional setup when the State government does not follow the rules set by the Constitution. This measure serves as a protective layer for the democratic principles within the State. 
• Crisis Management – Under President's Rule, the Central government can step in and take over the State's administration during times of political unrest, serious law and order problems, or any other emergency that stops the State government from working properly. 
• Protecting National Interests – In specific situations, the President's Rule can be implemented to safeguard the national interests, such as maintaining the unity and integrity of the country or protecting the security and independence of India. 

Criticism of President’s Rule

• Potential for Misuse – The wide-ranging powers given under the President’s Rule can be abused by the central government, particularly to remove state governments led by opposing parties. 
• Undermining Federalism – Imposing the President’s Rule is often seen as a breach of federalism principles because it allows the central government to override state governments that are elected by the people. 
• Lack of Clear Criteria – The Constitution does not specify clear rules for when the President’s Rule should be applied, which can lead to claims of unfair and biased usage of this power. 
• Suspension of Democratic Process – The shutting down of the State Legislature and the concentration of authority in the Governor's hands during President’s Rule is considered a temporary disruption of democracy. 
• Tendency towards Centralization – Frequent implementation of the President’s Rule has been criticized for promoting a centralization of power, diminishing the independence of state governments. 
• Impact on Development – The instability and uncertainty brought on by the President’s Rule can negatively influence the development of states, causing delays or interruptions in policy-making and making long-term planning challenging during periods of central control. 

Major Recommendations Regarding Application of Article 356

Punchhi Commission Recommendations:

• The Punchhi Commission suggests that the Emergency provisions under Articles 355 and 356 should be localized. This means that only specific areas, like a district or parts of a district, should be placed under the President's rule instead of the entire state. 
• The duration of such an Emergency should not exceed three months. 

Sarkaria Commission Recommendations:

• The Sarkaria Commission does not support removing this Article. Instead, it proposes measures to ensure that the Central government uses these provisions only in exceptional circumstances. 
• Article 356 should be used as a last resort when all other options fail to restore or maintain the Constitutional order in the state. 
• This provision may only be activated during events such as: 
  • Political crises
  • Internal disturbances
  • Physical breakdowns
  • Non-compliance with the Central government's constitutional directives
• A warning must be given to the non-compliant state clearly before taking action. 
• The reasons for invoking Article 356 should be included in the Proclamation to ensure that there is proper Parliamentary oversight over the President's Rule. 
• The Governor's report must be a comprehensive document and should be widely publicized. 
• An explanation must be requested from the non-compliant state before any action is taken under Article 356. 
• The Governor should recommend the President's Rule without disbanding the Legislative Assembly. 
• Necessary amendments should be made to the Constitution to enhance the effectiveness of judicial review. 

Recommendations of Inter-State Council

• The Inter-State Council, set up under Article 263, has made several important suggestions regarding the implementation of President’s Rule: 
• The announcement for President’s Rule should be approved within one month instead of the current two months. 
• The report from the Governor must provide clear reasons and explanations. 
• The state facing issues should receive a warnings before President’s Rule is enforced. 
• A special majority vote should be required to approve the decision to impose President’s Rule. 

Recommendations of NCRWC

• Article 356 should remain in the Constitution but used only in special situations, as a last option, after trying other solutions like giving instructions to the State involved. 
• The report from the Governor must be a "speaking document," clearly explaining all the important facts and reasons that the President needs to make a decision. 
• If there is a serious political issue that requires using Article 356, the State should be given a chance to present its side and address the problem before any official announcement is made, unless it puts the State's safety or national security at risk. 
• There should be changes to Article 356 to align with the Supreme Court ruling in the S.R. Bommai vs Union of India (1994) case, ensuring that the State Legislative Assembly cannot be dissolved until the Parliament approves the proclamation. 
• The issue of whether the Ministry has lost the trust of the Legislative Assembly should be resolved within the Assembly itself, and the central government should take necessary actions to ensure the Assembly can operate freely. 

Conclusion

The provisions for declaring a President’s Rule in a State is a double-edged sword. It provides the central government with the necessary authority to address constitutional breakdowns at the State level, but also carries the potential for abuse and the undermining of democratic principles. As India navigates evolving political dynamics, it is crucial that the President’s Rule is exercised judiciously, with robust oversight and strict adherence to the rule of law, to ensure the preservation of the country’s federal structure and democratic fabric.