Why in News?
The Supreme Court has recently agreed to hear a plea seeking directions to the GoI to impose President’s Rule in West Bengal over the alleged incidents of post-poll violence.
About President’s Rule:
- The President’s Rule is imposed through the invocation of Article 356 by the President on the advice of the Union Council of Ministers (CoM).
- Under Article 356, the President of Indiais empowered to suspend state government and impose President’s rule in any state if
- “he is satisfied that such a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution”.
- It is also referred to as ‘State Emergency’ or ‘Constitutional Emergency’.
Implications after imposition:
- Upon the imposition of this rule, the Council of Ministers will be immediately dissolved.
- The President caneither suspend or dissolve the state legislative assembly.
- The state will fall under the direct control of the Union executive, and the Governor will continue to be the head of the proceedings, representing the President of India.
Parliamentary Approval and Duration:
- A proclamation imposing President’s Rule must be approved by both the Houses of Parliament (Lok Sabha and Rajya Sabha) within two months from the date of its issue.
- The approval takes place through simple majority in both the House, that is, a majority of the members of the House present and voting.
- Such a proclamation is initially valid for six months and can be extended for a maximum period of three years with the approval of the Parliament, every six months.
Role of Report of the Governor:
- Under Article 356, President’s Rule is imposed if the “President, upon receipt of the report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution”.
- The President’s Rule may be revoked by the President at any time by a subsequent proclamation.
- Such a proclamation does not require parliamentary approval.