14-Feb-2025
President’s Rule
Indian Polity
About
- Constitutional Basis: Imposed under Article 356 if the President, based on the Governor’s report, finds the State government unable to function per the Constitution.
- Duration & Approval
- Lasts 2 months unless approved by Parliament (simple majority).
- Can be extended up to 6 months, with a maximum of 3 years (approval every 6 months).
- Revocation: Can be withdrawn by the President through a proclamation.
- Consequences
- President assumes State government functions and Governor’s powers.
- State Legislature’s powers may be transferred to Parliament.
- High Court functions remain unaffected.
S.R. Bommai vs. Union of India (1994) The Supreme Court ruled that proclamations under Article 356 are subject to judicial review. The President cannot dissolve a State Assembly without Parliament’s approval; until then, it remains suspended. |