Question

Consider the following statements about President’s Rule in Indian states.

1. The first state to experience President’s Rule after the enactment of the Constitution was Punjab in 1951.

2. Kerala has experienced President’s Rule seven times, with the longest period being from 1964 to 1967.

3. Manipur holds the record for the most instances of President’s Rule, imposed 11 times.

Which of the statements given above is/are correct?

• A. 1 and 2 only
• B. 1 and 3 only
• C. 2 and 3 only
• D. All of the above

Answer 1

Answer:

D. All of the above

President's Rule (Article 356)

• President's Rule, also known as 'State Emergency' or 'Constitutional Emergency', is a temporary provision enshrined under Article 356 of the Indian Constitution. It allows the Central Government to take direct control of a state's administration.

• It is imposed when the President is satisfied, based on a report from the State Governor or otherwise, that a situation has arisen where the government of a state cannot be carried on in accordance with the provisions of the Constitution.

• Parliamentary Approval: A proclamation of President's Rule must be approved by both Houses of Parliament within two months from the date of its issue.

• Duration: Once approved, it remains in force for six months. It can be extended for a maximum period of three years with parliamentary approval required every six months.

• Effects: During President's Rule, the President can assume all or any of the functions of the State Government and the Governor, dissolve or suspend the State Legislative Assembly, and declare that the powers of the State Legislature shall be exercisable by or under the authority of Parliament.

First Imposition of President's Rule: Punjab (1951)

• The first state in independent India to experience President's Rule after the enactment of the Constitution was Punjab (then known as PEPSU, Patiala and East Punjab States Union, although the imposition was for the broader Punjab region) in 1951.

• This historical event occurred on June 20, 1951, due to severe political instability following the resignation of the Gopi Chand Bhargava Ministry in the state. The primary aim was to restore law and order and prepare for fresh elections.

President's Rule in Kerala

• Kerala has experienced President's Rule a significant number of times, totaling seven instances, which is among the highest for any state.

• The longest continuous period of President's Rule in Kerala was from 1964 to 1967. This followed the collapse of the R. Sankar-led Congress ministry in September 1964. Despite fresh elections in 1965, no single party achieved a clear majority, necessitating the continuation of President's Rule until the 1967 general elections.

States with Most Impositions: Manipur

• Manipur holds the record for the most frequent imposition of President's Rule, having been imposed there an astounding 11 times.

• The frequent use of Article 356 in Manipur and other North-Eastern states is often attributed to chronic political instability, frequent changes in coalition governments, and persistent insurgency issues in the region.

• Other states with a high number of President's Rule impositions include Uttar Pradesh (10 times) and Bihar (8 times).

Key Legal and Commission Recommendations

• The Sarkaria Commission (1983), which studied Centre-State relations, strongly recommended that Article 356 should be used only as a measure of last resort in truly exceptional circumstances, and not for achieving political objectives.

• The landmark S.R. Bommai vs. Union of India (1994) Supreme Court judgment significantly reformed and restricted the arbitrary use of Article 356. The court ruled that:

  • The President's power to impose President's Rule is not absolute and is subject to judicial review.

  • The burden is on the Central Government to prove that relevant and material facts existed to justify the imposition of President's Rule.

  • The State Legislative Assembly should not be dissolved until the proclamation has been approved by both Houses of Parliament. If the proclamation is not approved, the assembly is revived.