Part XVIII - Emergency Provisions • Article

Article 356 Simplified: Provisions in case of failure of constitutional machinery in States

Article 356 (popularly known as President's Rule) allows the Central Government to take direct control of a state's administration if the state government cannot function according to the Constitution (subsequent amendments omitted and modified specific clauses to prevent executive abuse).

Official Text

(1) If the President, on receipt of a report from the Governor *** of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation-. Added by the Constitution (Forty-second Amendment) Act, 1976, s. 49 (w.e.f. 3-1-1977). 2. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, s. 29 and Sch. (w.e.f. 1-11-1956). MERGENCY P ROVISIONS ) (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor *** or any body or authority in the State other than the Legislature of the State; (b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament; (c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State: Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts. (2) Any such Proclamation may be revoked or varied by a subsequent Proclamation. (3) Every Proclamation under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament: Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People. MERGENCY P ROVISIONS ) (4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of [six months from the date of issue of the Proclamation]: Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of [six months] from the date on which under this clause it would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force for more than three years: Provided further that if the dissolution of the House of the People takes place during any such period of [six months] and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People: [Provided also that in the case of the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab, the reference in the first proviso to this clause to “three years” shall be construed as a reference to [five years].]. Subs. by the Constitution (Sixty-seventh Amendment) Act, 1990, s. 2 (w.e.f. 4-10-1990) and further subs. by the Constitution (Sixty-eighth Amendment) Act, 1991, s. 2 (w.e.f. 12-3-1991). MERGENCY P ROVISIONS ) [(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such Proclamation shall not be passed by either House of Parliament unless- (a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and (b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned:] [Provided that nothing in this clause shall apply to the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab.]

Simple Meaning

Explain Like Ten

If a state government breaks the rules of the Constitution or stops working, the President can dismiss that government. The Governor then runs the state, and the central Parliament makes the local laws.

Student Mode

Regulates the imposition of President's Rule (state emergency). If the President is satisfied (via Governor's report or 'otherwise') that a state's government cannot be run constitutionally, the President may: (a) assume state executive powers, and (b) delegate state legislative powers to Parliament. It does not allow assuming powers of the High Court. The proclamation must be approved by Parliament within 2 months, is valid for 6 months (up to a maximum of 3 years under strict conditions), and is subject to judicial review under the landmark S.R. Bommai (1994) judgment.

Example

If no political party is able to form a government after an election (a hung assembly), Article 356 is often used to bring the state under the President's care until a solution is found.

Key Takeaway

Article 356 ensures that every state in India is governed strictly by the rules of the Constitution.

FAQs

What is the S.R. Bommai case (1994) and why is it important for Article 356?

In S.R. Bommai v. Union of India, the Supreme Court ruled that the President's satisfaction under Article 356 is subject to judicial review. It established that state assemblies cannot be dissolved until Parliament approves the proclamation, and that the floor of the house is the only place to test a government's majority, significantly reducing political abuse of Article 356.

What is the maximum duration for which President's Rule can be imposed?

Initially approved for 6 months, it can be extended up to 1 year. Beyond 1 year, it can be extended up to a maximum of 3 years only if: (1) a National Emergency is in operation in the state/country, or (2) the Election Commission certifies that elections cannot be held due to difficulties.

Quiz

A proclamation under Article 356 (President's Rule) must be approved by Parliament within:

Answer: Two months

Under Article 356, the President is strictly barred from assuming the powers of which body?

Answer: The State High Court