[emergency provisions: Article 352-360]
discuss the constitutional provisions under article 356. state whether a
proclamation of president issued under article 356 can be challenged in a court
of law.
OR
Various effects of proclamation of emergency under Article 352(1).
OR
When can the President of India issue a proclamation of emergency?
SYNOPSIS:
[Link]
[Link] PROVISIONS
[Link] OF PRESIDENT’S RULE
[Link] IS PRESIDENT’S RULE IMPOSED?
[Link] OF THE PRESIDENT’S RULE
[Link] OF THE PRESIDENT’S RULE
[Link] OF THE PRESIDENT’S RULE
8. CHALLENGING A PROCLAMATION UNDER ARTICLE 356 IN COURT
9. CASE LAWS
INTRODUCTION:
Article 356 of the Indian Constitution deals with the provisions regarding the imposition of
President's Rule or State Emergency in a state in India. It is often a debatable issue in
constitutional law and has been the subject of numerous judicial interpretations over the
years.
EMERGENCY PROVISIONS:
Article 352: National Emergency
Provisions:
Grounds for Proclamation: National emergency can be proclaimed if the President is
satisfied that the security of India or any part thereof is threatened by war, external
aggression, or armed rebellion.
Effect: It empowers the President to suspend the fundamental rights guaranteed under
Article 19 and allows the central government to take over the executive and legislative
functions of the states.
Article 356: President's Rule (State Emergency)
Provisions:
Grounds for Imposition: If the President, on receipt of a report from the Governor of a
state or otherwise, is satisfied that a situation has arisen where the government of the
state cannot be carried on in accordance with the provisions of the Constitution, the
President can assume all or any of the functions of the state government.
Effect: The state legislature can be dissolved or suspended, and the President can direct
that the state be governed by the President through an administrator appointed by him.
Article 360: Financial Emergency
Provisions:
Grounds for Proclamation: A financial emergency can be proclaimed if the President is
satisfied that the financial stability or credit of India or any part thereof is threatened.
Effect: It empowers the President to issue directions to states to observe such canons of
financial propriety as may be specified in the directions, and to reduce salaries and
allowances of all or any class of persons serving in connection with the affairs of the
Union.
MEANING OF PRESIDENT’S RULE
President’s Rule refers to the suspension of a state government and the imposition of direct
rule of the Centre. The central government takes direct control of the state in question and
the Governor becomes its constitutional head. The Vidhan Sabha is either dissolved or
prorogued. Such a situation forces the Election Commission to conduct a re-election within
six months.
When is President’s Rule imposed?
It has been seen that the President’s Rule has been imposed when any one of the following
circumstances have occurred:
The state legislature is not able to elect a leader as the Chief Minister for a time
prescribed by the state’s governor.
Breakdown of a coalition in the state government, that leads to the CM having minority
support in the legislature, and the CM is unable to prove his majority within the time
prescribed by the governor.
A no-confidence vote in the legislative assembly leading to a loss of majority.
Postponement of elections owing to unavoidable reasons such as a natural disaster,
epidemic or war.
Article 365: As per this Article, President’s Rule can be imposed if any state fails to
comply with all directions given by the Union on matters it is empowered to.
DURATION OF THE PRESIDENT’S RULE
Proclamation of President’s Rule under Article 356 of the Constitution stands for six
months. This timeframe can be extended up to three years, in phases.
According to the 44th Amendment Act of 1978, President’s rule can only be extended
over a year every 6 months under the following conditions:
a) The Election Commission certifies that elections cannot be conducted in the state
concerned.
b) There is already a national emergency throughout India or in the whole or any part of
the state.
Revocation of President Rule
A Proclamation of Emergency can be revoked by the President at any time by a subsequent
proclamation. Such a proclamation does not require parliamentary approval.
Consequences of the President’s rule
Mentioned below are the consequences that follow after the implementation of the
President’s rule in a state:
The governor of such a state is made the constitutional head of the state.
The Vidhan Sabha of such a state is either dissolved or prorogued.
The State is run by the central government and central administration.
No new policies can be formed during the President’s rule in a state.
No new laws can be made by passing a bill in the state legislature during the President’s
rule in a state.
Challenging a Proclamation under Article 356 in Court:
The power of the President to issue a proclamation under Article 356 is not absolute and is
subject to judicial scrutiny. Over the years, several principles have been established by the
judiciary regarding the scope and limitations of this power:
1. Justiciability of Proclamation:
The Supreme Court has consistently held that the proclamation issued under Article
356 is justiciable, meaning it can be reviewed by the judiciary.
In the landmark case of State of Rajasthan v. Union of India (1977), the Supreme
Court emphasized that although the power under Article 356 is executive in nature, it
is subject to judicial review to prevent its misuse.
2. Grounds for Judicial Review:
Courts can examine whether there was relevant material before the President to
justify the proclamation. This ensures that the President does not act arbitrarily or
without sufficient cause.
The courts also review whether the situation in the state genuinely constitutes a
breakdown of constitutional machinery as contemplated by the Constitution.
3. Review of Governor's Report:
The validity of the proclamation often hinges on the report submitted by the Governor.
Courts examine whether the Governor's report was based on objective material and
whether it accurately reflected the situation in the state.
4. Constitutional Safeguards:
The Constitution provides safeguards against the misuse of Article 356, such as
the requirement for parliamentary approval and the limitation on the duration of
the proclamation.
These safeguards ensure that the imposition of President's Rule is temporary and
does not undermine the federal structure of the Constitution.
CASE LAWS:
1) Indira Nehru Gandhi vs. Raj Narain (1975)
Background: During the Emergency declared in 1975, fundamental rights were
suspended, and the political landscape was significantly altered.
Legal Issue: The case challenged the election of Indira Gandhi, who was Prime
Minister during the Emergency.
Outcome: The Supreme Court, in a landmark judgment, upheld the importance of
free and fair elections and ruled against certain actions taken during the Emergency
period, reinforcing the principle that even during emergencies, fundamental rights
like the right to vote and the rule of law must be respected.
2) S.R. Bommai vs. Union of India (1994)
Background: The case dealt with the dismissal of state governments under Article
356 by the central government.
Legal Issue: The Court examined the scope and limitations of the President's power
to impose President's Rule and ruled that the power must be exercised in exceptional
circumstances only when the constitutional machinery in a state has broken down.
Outcome: The Supreme Court laid down guidelines to prevent the arbitrary use of
Article 356, emphasizing the principles of federalism and the democratic process.
