Importance of Article 356

What happens after the President’s Rule is imposed?

  • On behalf of the President, the governor manages the state’s administrative affairs, with the support of the Chief Secretary of the state and additional advisers or administrators of their choosing.
  • The President holds the authority to announce that the Parliament will use the powers of the state legislature.
  • The President has the authority to dissolve or suspend the state legislature.
  • When Parliament is not in session, the President is authorized to issue regulations pertaining to the administration of the state.

When is president’s rule imposed?

The imposition of President’s Rule has been observed in instances where:

  • The state legislature fails to elect a Chief Minister within the duration specified by the state’s governor.
  • When a coalition breaks down in the state government, the Chief Minister ends up with minority support in the legislature and can’t show a majority within the governor’s allotted period.
  • A majority is lost in the legislative assembly in the event of a vote of no confidence.
  • Elections are postponed because of unforeseen events like war, diseases, and natural catastrophes.
  • The terms of Article 365 (as described earlier).

Revocation of President’s Rule:

The President may revoke the President’s Rule at any moment by issuing a future proclamation and parliamentary consent is not required for this revocation. This usually occurs when a political party leader submits papers proving their majority support in the assembly and makes an assertion that they are the legitimate government of the state.

Article 356 | President’s Rule

Article 356 of the Indian Constitution tackles a State’s inability to follow or implement any directive from the Union Government. It gives the Indian President full authority to declare via a proclamation that the State has not complied with its constitutional duties. This declaration may result in the establishment of the President’s rule in the state, under which the governor serves as the president’s representative and takes on the responsibilities of the state government. In this article, you will read about its features, importance, history, instances, misuse, and criticism.

Article 356 | President’s Rule

Table of Content

  • Article 356 of the Indian Constitution
  • Features of Article 356
  • Importance of Article 356
  • History of Article 356
  • Instances of Article 365
  • Misuse of Article 356
  • Criticism of Article 356

Similar Reads

Article 356 of the Indian Constitution

Article 356 of the Constitution of India is based on Section 93 of the Government of India Act, 1935. According to this, the President’s Rule can be imposed on any state of India on the grounds of the failure of the constitutional machinery....

Features of Article 356

The imposition of a President’s Rule on a state requires parliamentary consent. Within two months following its release, the proclamation needs to be approved by both Houses of Parliament and a simple majority is sufficient for this approval....

Importance of Article 356

What happens after the President’s Rule is imposed?...

History of Article 356

It was added when the Indian Constitution was being drafted in 1949. The framers of the Constitution considered it imperative to include clauses that would ensure states would abide by the laws and commands of the Union Government....

Instances of Article 365

List of a few instances of the use of Article 365 can be seen down below:...

Misuse of Article 356

While originally intended solely as a measure to safeguard the nation’s integrity and unity, it had been openly employed to remove state governments led by political opponents of the central government....

Criticism of Article 356

If civil disturbance arises and the state administration lacks the resources to put a stop to it, Article 356 grants the Union government broad authority to impose its will over a state. Even though the goal of this article is to provide the Union government more authority to protect the country’s unity and integrity, the governing parties in the centre have frequently abused it, using it as a justification to overthrow state governments run by other political parties. As a result, many believe that it poses a danger to the federal state structure. The Union government has invoked this provision many times since the Indian constitution was adopted in 1950 to impose President’s rule and dissolve elected state governments....

Conclusion

Thus we see, how Article 356 refers to the imposition of the President’s rule by the union government in the provinces of India, whenever the state government fails to elect a new CM, the state cannot bring out the democracy in the state or the province and when a state fails to fulfill the orders given by the central legislature. The president’s rule came into existence in the 44th amendment of the Indian constitution and after the imposition of article 356 the president becomes head of the state and that particular state is directly governed by the parliament until the president dissolves the proclamation....

Frequently Asked Questions (FAQs)

What is the Article 356 of the state Assembly?...