ARTICLE 356

1. Context

2. Article 356

• Article 356 of the Constitution of India gives the President of India power to suspend state government and impose President's rule of any state in the country "if he is satisfied that a situation has arisen in which the government of the state cannot be carried on by the provisions of the Constitution.
• It is also known as a "State Emergency" or "Constitutional Emergency".
• Upon the imposition of this rule, there would be no council of Ministers.
• The state will fall under the direct control of the Union government, and the Governor will continue to head the proceedings, representing the President of India.

3. Parliamentary approval and Duration

• A proclamation imposing President's Rule must be approved by both the House of Parliament within two months from the date of its issue.
• The approval takes place through a simple majority in either House, that is, a majority of the members of the House present and voting.
• Initially valid for six months, the President's Rule can be extended for a maximum period of three years with the approval of the Parliament, every six months.

4. Report of the Governor

• Under Article 356, President's Rule is imposed if the President, upon receipt of the report from the Governor of the state or otherwise, is satisfied that a situation has arisen in which the government of the state cannot be carried on by the provisions of the Constitution.
• A proclamation of the President's Rule may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.

5. Origins of Article 356

• Article 356 was inspired by section 93 of the Government of India Act, of 1935. This provided that if a Governor of a province was satisfied that a situation had arisen in which the government of the province cannot be carried on by the provisions of the said Act, he could assume to himself all or any of the powers of the government and discharge those functions in his discretion.
• The Governor, could not encroach upon the powers of the high court. For the British, this provision allowed for a 'controlled democracy'-while providing some autonomy to provincial governments, section 93 allowed the British authorities to exercise ultimate power when they deemed necessary.

6. How was the provision used as a political weapon in independent India?

• During the decades of Congress's dominance at the Centre, Article 356 was used against governments of the Left and regional parties in the states.
• Until 1959, Jawaharlal Nehru's government had used the article six times, including to dislodge the first-ever elected communist government in the world, in Kerela in 1959.
• In the 1960s, it was used 11 times. After Indira came to power in 1966, Article 356 was used seven times between 1967 and 1969 alone.
• The 1970s were more politically turbulent. Between 1970 and 1974, President's Rule was imposed 19 times.
• Post Emergency, the Janata party government used it in 1977 to summarily dismiss nine congress-state governments. When Indira returned to power in 1980, her government too imposed president's Rule in nine states.
• In 1992-93, Prime Minister Narasimha Rao dismissed three BJP governments in the wake of the demolition of Babri Masjid, besides Kalyan Singh's government in UP.

7. Article 356 and its Safeguards

• The 1994 Supreme Court (S.R.Bommai case) majority decision, in essence, overturned a long tradition that the use of Article 356 was not subject to review by courts, a doctrine articulated in a landmark 1997 case, State of Rajasthan Vs Union of India.
• The Bommai case verdict laid down the conditions under which state governments may be dismissed, and the mechanisms for that process.
• In the S.R. Bommai case, a nine-member bench of the supreme court construed the scope of Article 356, which also allows the imposition of the President's Rule in the states, with stringent conditions.
• These included ascertaining whether objective conditions exist which render it impossible to carry out governance in the state where the proclamation has been made and the process has to be approved by both Houses of Parliament before consideration for Judicial review.

For Prelims & Mains