SHIKSHA  CLASSES  [COMMITTED TO EXCELLENCE]
SHIKSHA CLASSES [COMMITTED TO EXCELLENCE]
June 4, 2025 at 03:12 AM
🔆 How president rule is imposed! 📍 1. Constitutional Basis of President’s Rule ✅ Article 356 of the Constitution allows the President to impose President’s Rule in a state if the government cannot be carried on in accordance with constitutional provisions. ✅ A report from the Governor can trigger this action. ✅ Upon invocation, the President assumes the functions of the state government, but the legislature is not automatically dissolved. 📍 2. Parliamentary Approval and Duration ✅ The proclamation must be approved by both Houses of Parliament within two months. ✅ Once approved, it is valid for six months at a time and can be extended up to three years (with periodic approval every six months). ✅ Beyond one year, further extension is subject to conditions under Article 356(4) and Article 356(5) — for instance, when a national emergency is in operation. 📍 3. Judicial Oversight & Landmark Case ✅ The S.R. Bommai case (1994) was a landmark judgment: ◦ It restricted the misuse of Article 356. ◦ President’s Rule can only be imposed in the event of breakdown of constitutional machinery, as distinguished from an ordinary breakdown of law and order. ◦ Judicial review is permitted. ◦ If Parliament approves the Rule, the Legislative Assembly must not be dissolved but kept under suspended animation. ◦ The higher judiciary has been a watchdog, since the S. R. Bommai case, against the arbitrary use of Article 356. Notably in the case of Bihar (2005), Uttarakhand (2016) and Arunachal Pradesh (2016), the courts have struck down the wrongful imposition of President’s Rule. 📍 4. Use and Misuse: Examples from States ✅ In practice, Governors have acted variably: ◦ Assemblies were dissolved immediately in cases like Kerala (1970) and Punjab (1971) on CM’s advice. ◦ In other cases (e.g. 1969 Punjab, 1975 Gujarat, 1977 Tamil Nadu), Assemblies were kept in suspended animation. ◦ Manipur (2025) has been under President’s Rule since February, highlighting the political complications involved. 📍 5. Revocation of President’s Rule ✅ Can be revoked at any time by the President without Parliament’s approval. ✅ Typically occurs when: ◦ A new government is formed with legislative support. ◦ Elections are held and results are declared. 📍 6. Points from Constitutional Framing ✅ Dr. B.R. Ambedkar intended Article 356 to be a dead letter, never routinely invoked. ✅ However, post-independence political trends have seen frequent misuse, often for partisan motives. #polity

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