State Emergency or President’s Rule (Arts. 356 and 365)

♤ President’s Rule is also known as ‘State Emergency’ or ‘Constitutional Emergency’.

♤ It can be imposed under Article 356 on two grounds - one mentioned in Article 356 itself,

i.e. failure of constitutional machinery in the States, and another in Article 365 i.e., failure to comply with or to give effect to directions given by the Union. It is under these that the President proclaims President’s Rule.

♤ Art 356 provides that if the President of India, on receipt of report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the government of a State cannot be carried on in accordance with the provisions of the Constitution, he may declare State Emergency. Such a proclamation may be made by the President, where a State has failed to implement any central directive. Since any dislocation in State administration might affect the national integrity, the provision of President’s rule has been provided as a safeguard against such a situation.

♤ The proclamation should be approved within two months by both the Houses of Parliament. Thereafter, it remains in force for six months. It can be extended for a maximum period of three years with the approval of Parliament, every six months.

♤ When the President’s Rule is imposed in a state, the President dismisses the State Council of Ministers, headed by the Chief Minister (however, the powers of the High Court are not affected). The State Governor, on behalf of the President, carries on the State administration with the help of the Chief Secretary of the State, or the advisors appointed by the President.

♤ Further, the President either suspends or dissolves the State Legislative Assembly. The powers of the State Legislature in that case are exercised by the Parliament. The Parliament may also delegate these powers to the President.

This type of emergency has been invoked on several occasions since 1951. The 44th Constitutional Amendment Act has provided that such a proclamation can be challenged in a court of law to check its misuse.

In the famous S. R. Bommai case, the Supreme Court held that the Presidential proclamation imposing state emergency is subject to judicial review.