President's Rule

PREH-zuh-duntz ROOL

The imposition of central rule in a State when the President is satisfied that the constitutional machinery of the State has broken down, proclaimed under Article 356.

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Definition

State Emergency Article 356 Emergency Central Rule Governor's Rule

The imposition of central rule in a State when the President is satisfied that the constitutional machinery of the State has broken down, proclaimed under Article 356.

President's Rule under Article 356 is declared when the President (on the Governor's report or otherwise) is satisfied that the government of a State cannot be carried on in accordance with the provisions of the Constitution. The State government is dismissed, the State legislature is suspended or dissolved, and the President (through the Governor) assumes executive power of the State. President's Rule has been imposed 126 times in India — often controversially for political reasons. The Supreme Court in S.R. Bommai v. Union of India (1994) 3 SCC 1 severely restricted the scope for misuse by requiring judicial review of every proclamation under Article 356.

Statutory Definition

Article 356(1), Constitution of India: 'If the President, on receipt of a report from the Governor of the State or otherwise, is satisfied that the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation— (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State...'

Etymology & Origin

The phrase 'President's Rule' is colloquial — the constitutional term is 'Proclamation under Article 356.' The President, as constitutional head, assumes the powers of the State executive — hence 'President's Rule.'

Full Legal Analysis

This Term in Indian Statutes

Constitution 356(1)
strict

Constitution of India, 1950

"If the President, on receipt of a report from the Governor of the State or otherwise, is satisfied that the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation assume to himself all or any of the functions of the Government of the State."

President's Rule: Centre assumes State's executive power when constitutional machinery breaks down

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