Position of Minor's Agreement

 

📘 State Emergency: President’s Rule (Article 356)

🔹 Meaning:

The State Emergency is proclaimed when the constitutional machinery in a state breaks down. It is commonly referred to as President’s Rule, where the President assumes control of the governance of the state.

⚖️ Constitutional Provisions:

🔸 Article 356 – Provisions in case of failure of constitutional machinery in States

"If the President, on receipt of a 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 in accordance with the provisions of this Constitution..."

🛑 Grounds for Proclamation of State Emergency:

1. Report of the Governor (most common trigger).
2. Breakdown of law and order or failure of the State Government.
3. No majority in Assembly.
4. Non-compliance with Union directions (Article 365).
5. Political instability, hung assembly, etc.

📝 Process of Pronouncement:

1. Governor’s Report to the President:

• Governor assesses that the state government is unable to function constitutionally.
• Sends a report to the President recommending President’s Rule.

2. President’s Satisfaction:

• President examines the Governor's report or acts suo motu.
• If satisfied, issues a Proclamation under Article 356(1).

3. Parliamentary Approval (Article 356(3)):

• The Proclamation must be approved by both Houses of Parliament within 2 months.
• If not approved, it ceases to operate after 2 months.

4. Duration and Extension:

• Once approved, it operates for 6 months.
• Can be extended every 6 months, up to a maximum of 3 years.
• For extension beyond 1 year:
  • National Emergency must be in operation.
  • Election Commission certifies that elections cannot be held.

5. Revocation (Article 356(2)):

• Can be revoked by the President at any time via a subsequent proclamation.
• No Parliamentary approval is required for revocation.

⚖️ Effects of President’s Rule:

1. State Legislative Assembly may be:

   • Dissolved or
   • Kept in suspended animation.

2. Executive powers of the state assumed by the President:

   • Works through the Governor.

3. Parliament can make laws for the state.

4. President may authorize:

   • Expenditure from Consolidated Fund of State.
   • Delegation of legislative powers to the Governor.

📚 Landmark Case Laws:

🔸 S. R. Bommai v. Union of India (1994)

• Most significant judgment on Article 356.
• Key points:
  • President’s satisfaction is subject to judicial review.
  • Floor test in Assembly is the best method to test majority.
  • Improper use of Article 356 is unconstitutional.
  • States have autonomy; Centre can’t misuse power.

🔸 Rameshwar Prasad v. Union of India (2006)

• Held that dissolution of Bihar Assembly was unconstitutional.
• Reiterated the principle of judicial review of President’s Rule.

🧩 Misuse and Safeguards:

❗ Misuse:

• Used frequently by ruling party at the Centre for political gain.
• Over 100 instances since 1950.
• Example: 1977, 1980, 1992 mass dismissals of state governments.

✅ Safeguards (Post S.R. Bommai):

• Judicial review is a check on arbitrary action.
• Use of floor test encouraged.
• Objective reasons needed in Governor's report.

🔍 Conclusion:

The proclamation of Emergency in a state is a powerful tool under Article 356, meant to protect constitutional governance. However, it must be used with restraint and responsibility. The S.R. Bommai case has established vital safeguards to uphold the federal structure and prevent political misuse.

📌 Quick Recap Table:

Aspect	Description
Article	356
Trigger	Failure of constitutional machinery
Initiated by	Governor’s report or President’s own judgment
Approval	Both Houses of Parliament within 2 months
Initial Duration	6 months
Maximum Duration	3 years (subject to conditions)
Judicial Review	Allowed – S.R. Bommai case
Revocation	By President at any time without Parliamentary approval