Published Jul 23, 2021
2 mins read
416 words
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Politics
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Law

Article 356 " The President Rule ".

Published Jul 23, 2021
2 mins read
416 words

The president's rule or state emergency come under article 356 of Indian constitution. This 356 articles contains provision in case of failure of constitutional machinery in states .

 Article 356 say that if president is satisfied on the basis of reports of governors or otherwise that a situation has arising in which government of state cannot be carried on according to provisions of constitution, there can be president’s rule in the state.

Article 356 does not define as to what are those bases at which constitution as failure. But, following are considered as genuine grounds of president’s rule.

1. After election if there is hung assembly (if there is no party or pre-poll alliance are not able to form government.) and no party/parties are able to form government.

2. When the ruling government resign and no other party or parties can form the government.

3. State government is subverting or try to damage the constitution laws.

4. If a state government adopts anti secular policies.

5. If widespread breakdown of law and order anywhere.

6. If any state fails to comply with directions given by union government.

Note- Is there bad governance and corruption or party in power in state loses Lok Sabha elections. These reasons are not considered as valid grounds of invoking president’s rule.

**Both Houses of Parliament have to approve presidents’ rule within two months with simple majority. once it approved it continues for six months from proclamation. After six months regular approvals it can be continue for maximum three (3) years.

National emergency is in force in India or a particular state who denies election Commission of India that it cannot hold elections in that state on account of certain difficulties.

So what are the consequences of president’s  rule?

·The first and most important consequences is that president assigns to himself the powers of state executive and governor or CM or COM are dismissed from their posts.

·President declares that the powers of state legislatures shall be exercised by or under authority of parliament, therefore, state legislative assembly (SLA) is dissolved.

After S.R Bommai v/s Union of India 1994, case where president first suspends state legislative assembly and only after parliament's approval president Can dissolved state legislative assembly.

Note: - There is no effect of president rule on state high courts.

              _Finish_

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