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State Emergency (Article 356 of the Indian Constitution)

In competitive exams, State Emergency is a key concept under Indian Polity. It refers to the President’s Rule, which can be imposed in a state under specific circumstances as per Article 356 of the Indian Constitution. This is a crucial topic for exams like UPSC, SSC, State PSCs, Banking, and Railways, as it involves constitutional provisions, political processes, and governance dynamics.

Below is a detailed overview of State Emergency:

1. Introduction to State Emergency
  • State Emergency is also known as President’s Rule.
  • It is imposed when a state government is unable to function according to the Constitution or when there is failure of constitutional machinery in the state.
  • Under Article 356 of the Indian Constitution, the President can assume control of the state if the government in the state is not functioning in accordance with constitutional provisions.
2. Article 356 – President’s Rule
  • Article 356 of the Indian Constitution deals with the imposition of President’s Rule in a state.
  • The President can declare President’s Rule if:
    • The government in the state is unable to function according to the Constitution.
    • A state’s legislative assembly is unable to function (i.e., it is dissolved or there is no majority to form a government).
    • A failure in governance or breakdown of law and order occurs in the state, leading to constitutional failure.
  • Procedure for Imposition of President’s Rule:
    • The President acts on the advice of the Union Cabinet.
    • A proclamation of President’s Rule is issued under Article 356.
    • The proclamation must be approved by both Houses of Parliament within two months.
    • Initially, President’s Rule can last for 6 months but can be extended up to 3 years with parliamentary approval every 6 months.
3. Impact and Effects of State Emergency (President’s Rule)

When President’s Rule is imposed, the following changes take place:

  • Dissolution of the State Government: The state government, including the Chief Minister and the Council of Ministers, is dismissed.
  • Suspension of the Legislative Assembly: The State Legislature (Vidhan Sabha) may be dissolved or suspended.
  • Central Government Rule: The Union Government assumes executive authority over the state. The Union Government administers the state through a Governor or President’s nominee.
  • Governor’s Role: The Governor becomes the chief executive authority, and the President appoints a Chief Administrator (typically the Governor) who acts on behalf of the President.
4. Provisions for Extension of President’s Rule
  • Duration: The imposition of President’s Rule is initially for 6 months.
  • It can be extended for up to 3 years, subject to the following:
    • The approval of both Houses of Parliament after every 6 months.
    • After 1 year, the approval of the State Legislature must be obtained if it is in session.
5. Key Points to Remember
  • Presidential Rule applies when there is failure of governance or constitutional machinery in a state.
  • The Governor acts as the Administrator of the state when President’s Rule is imposed.
  • President’s Rule can be imposed for a maximum of 3 years with periodic approval from Parliament.
  • The Governor can also recommend the dissolution of the state legislative assembly.
6. Grounds for Imposing State Emergency (Article 356)

President’s Rule can be imposed in the following situations:

  • Failure of Constitutional Machinery: When the state government cannot function according to constitutional provisions.
  • Inability to Maintain Law and Order: When the state fails to ensure law and order, the Union Government may intervene.
  • No Majority to Form a Government: If no political party can form a stable government after an election.
  • Breakdown of Law and Order: If there is widespread breakdown of governance and public order in the state.
7. Historical Context and Use of President’s Rule

Initial Use: President’s Rule was initially used to stabilize states that were not functioning properly, but over time, it has been used for political reasons.

Notable Instances of President’s Rule:

    • Punjab (1987): Following militancy and breakdown of law and order.
    • Kashmir (1990s): After the insurgency in Jammu & Kashmir.
    • Bihar (2005): To address political instability after the collapse of the state government.
    • Uttarakhand (2016): Due to political instability and conflicts between the state’s ruling parties.

Controversial Use: The use of President’s Rule has been controversial at times, as it has been accused of being used for political gains rather than constitutional necessity.

8. Judicial Review of State Emergency
  • Judicial Review: The imposition of President’s Rule can be reviewed by the Supreme Court of India.
    • In 1987, the Supreme Court in the S.R. Bommai Case ruled that the President’s Rule could be reviewed by the courts, and that it could not be imposed arbitrarily.
    • The S.R. Bommai Case is significant as it clarified that the President’s Rule must be based on a real breakdown of law and order or constitutional failure, and not merely for political reasons.
9. Article 356 vs. Article 365
  • Article 365 states that if a state refuses to comply with the directions of the Union Government, the President may declare that the state is failing to carry out the provisions of the Constitution. This leads to the imposition of President’s Rule under Article 356.
10. Criticisms of President’s Rule
  • Political Motive: The imposition of President’s Rule has often been criticized for being used for political reasons to dissolve opposition governments.
  • Centralization of Power: The rule undermines the federal structure of India, concentrating power in the hands of the central government.
  • Potential for Abuse: The abuse of the provision has led to calls for greater checks and balances.
11. Conclusion

The State Emergency (President’s Rule) is a significant provision in the Indian Constitution, aimed at maintaining the constitutional integrity and ensuring that the state governments function in accordance with the Constitution. It allows the central government to intervene in a state when there is a failure of governance or law and order, but its use has been controversial due to potential political misuse.

For competitive exams, it’s important to focus on:

  • The provisions under Article 356.
  • Circumstances under which President’s Rule is imposed.
  • Judicial review and its implications.
  • Famous instances of President’s Rule in Indian history.

These aspects form the core of the topic and are frequently tested in exams.

 

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