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President's Rule Imposed in Manipur
Context
President’s Rule has been imposed in Manipur after the resignation of Chief Minister N. Biren Singh, amid growing violence between the Meitei and Kuki-Zo communities.
What Does the Constitution Say?
- Under Article 356 of the Indian Constitution, the President can impose President’s Rule in a state when its government cannot function according to the Constitution.
- This can be triggered in cases of external aggression, internal disturbances, or violence, where the constitutional machinery fails.
- The President, on receiving a report from the Governor, can issue a proclamation if she is satisfied that the government in the state has failed to maintain constitutional governance.
- In such cases, the executive powers of the state are transferred to the Union Government, while the state legislature is either suspended or dissolved.
- The High Court's powers remain unaffected.
- Article 356(1) empowers the President to issue a proclamation if the state's government is not functioning as per the Constitution.
- However, such a proclamation must be presented before Parliament, where it must be approved by a simple majority within two months.
- Once approved, the President's Rule remains in effect for six months and can be extended every six months, with Parliamentary approval.
- It cannot last for more than three years without special conditions, such as difficulties in conducting state elections.
Differences Between ‘Constitutional Emergency’ and ‘National Emergency’
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National Emergency |
Constitutional Emergency (President's Rule) |
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Impact on Fundamental Rights
- During President’s Rule, fundamental rights of citizens are not suspended, unlike during a national emergency.
- Under Article 358, during a national emergency, certain freedoms under Article 19 can be suspended.
- However, during President’s Rule, the state continues to follow the Constitution, and rights are not affected.
Supreme Court's View on the Use of President's Rule
The Supreme Court of India has addressed the misuse of Article 356 in the landmark S.R. Bommai vs. Union of India (1994) judgment. The Court ruled that:
- Article 356 should only be invoked as a last resort, as per the Sarkaria Commission.
- The President’s proclamation is subject to judicial review, ensuring that it is not invoked for political gains.
- The Centre must issue a warning to the state government before invoking President’s Rule.
- The State Assembly cannot be dissolved without Parliament’s approval.
- The President’s Rule must be for breakdown of constitutional machinery, and not just law and order failures.
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