It is alternatively referred to as ‘State of Emergency’ or ‘Constitutional Emergency’. The Constitution of India contains specific articles that allow for the administration of a state in the event of a breakdown of constitutional governance:
- According to Article 355, it is the responsibility of the Union to ensure that the governance of each state is conducted in accordance with constitutional provisions.. Hence under this duty obligation, the Union can impose President’s rule under Article 356. The President is empowered to make proclamations either on the report of the Governor of the concerned state or otherwise.
- Article 365 allows President’s Rule to be imposed if a state government does not follow any directives issued by the Union, for matters where the Union has the authority to issue such directives.
Parliamentary Approval and Conditions for Imposing President Rule in India
Condition 1: Approval from both houses of Parliament must be obtained within two months from the date the proclamation of President’s rule is issued.
- Condition 2: However, if the emergency proclamation is issued and the Lok Sabha is either dissolved or this dissolution occurs within two months without approval, the proclamation will remain valid for an additional 30 days from the first session of the newly elected Lok Sabha, provided that the Rajya Sabha has approved it in the meantime.
- Required majority: A proclamation for imposing President’s rule must receive approval from both houses of Parliament, needing a majority of members present and voting, which is known as a simple majority.
Duration of the President Rule in India
Once both houses approve it, the President’s rule remains in effect for six months. It can be prolonged for a maximum of three years, with parliamentary approval required every six months. However, the 44th Constitutional Amendment of 1978 added the following two conditions as additional safeguards for continuing emergencies beyond one year:
- At the time of passing such a resolution, the National Emergency proclamation must apply to all of India or to the entirety or any part of the state.
- The Election Commission of India must confirm that conducting general elections for the Legislative Assembly of the relevant state is unfeasible due to prevailing difficulties.
Revocation of the President Rule in India
President’s Rule can be revoked at any time through the following proclamation of revocation issued by the President. A proclamation for revocation doesn’t require parliamentary approval.
Effects of the President Rule in India
Under the President’s rule, the President has the authority to manage the state as it disbands the State Council of ministers led by the Chief Minister. The State governor acts on behalf of the President to oversee state administration.
- The President may assume the responsibilities of the state government and the powers assigned to the state governor or any executive authority.
- The President can announce that the state legislature’s powers will be exercised by Parliament.
- The President has the authority to take all essential actions, including suspending constitutional provisions related to any state authority, with the exception of those pertaining to the High Court.
When the State Legislature is suspended or dissolved
- Parliament has the capability to delegate law-making authority regarding the state to the President or another specified authority as identified by the President for this purpose.
- Either Parliament or, if delegated, the President or any other designated authority can enact laws that confer authority upon the Union government.
- The President can permit the use of the State Consolidated Fund when Parliament is not in session.
- The President can promulgate an ordinance on the matters in the state list, if parliament is not in session.
Such laws made by the Parliament or the President or any other specified authority continue to be operative even after the end of the President’s Rule, i.e., Laws are not coterminous with the duration of President’s Rule. However, it is important to note that such laws can be modified or revoked by the state legislature.
Difference between National Emergency and President Rule in India
| S. No | Point of difference | National Emergency | President’s Rule |
|---|---|---|---|
| 1 | Article | Article 352 | Article 356 and Article 365 |
| 2 | Application | This applies in instances of war, external aggression, or armed rebellion as well. | In cases of a breakdown of constitutional governance in the state, and not merely an administrative failure, the action may be taken. |
| 3 | Effect | No authority to the Centre to suspend the government in a state. | The council of ministers ceases to function as it is dissolved. The state legislative assembly may either be suspended or completely dissolved. |
| 4 | Effect on Fundamental Rights | Affects Fundamental Rights through Article 358 and Article 359.
Note: No effect on Article 20 and Article 21. |
Does not affect Fundamental Rights. |
| 5 | Centre-State Relationship | The relationship of all the states with the Centre changes. | The relationship of only the concerned state where the action is taken undergoes change. |
| 6 | Approval | Approved by the Parliament within 1 month and thereafter every 6 months and there is no maximum duration prescribed. Furthermore, the approval can be secured by a special majority from both houses of Parliament. | Approval by Parliament is required within two months and subsequently every six months, with a maximum duration of three years for it to remain effective. Additionally, approval requires a simple majority from both houses of Parliament. |
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