03 Jun Manipur in Transition: Elected Representatives Demand Government Formation
This article covers “Daily Current Affairs” and the Topic of Manipur in Transition: Elected Representatives Demand Government Formation
SYLLABUS MAPPING:
GS-2- Polity- Manipur in Transition: Elected Representatives Demand Government Formation
FOR PRELIMS
What is Article 356? Why is it essential in the Indian Constitution?
FOR MAINS
What happens to the State Assembly when President’s Rule is imposed?
Why in the News?
A delegation of 10 MLAs from Manipur, including members from the Bharatiya Janata Party (BJP), National People’s Party (NPP), and an Independent, met with Governor Ajay Kumar Bhalla at the Raj Bhavan in Imphal. They submitted a memorandum asserting the support of 44 MLAs, expressing readiness to form a new government in the state, which has been under President’s Rule since February 13, 2025. The imposition of President’s Rule followed the resignation of Chief Minister N. Biren Singh amid criticism over his handling of ethnic clashes between the Meitei and Kuki-Zo communities. The MLAs emphasised the urgent need to restore a democratically elected government to address ongoing challenges and reflect the will of the people.
What is President’s Rule?
Article 356 is invoked to impose President’s Rule in a State after removing the State government. While there are duties cast on federal governments in the U.S. and Australia to protect the States, their constitutions do not have any provision for removing State governments. Under Article 356, the President (Central government) may take over the governance of a State when it cannot be carried out in accordance with the provisions of the Constitution. The President can make such a proclamation based on a receipt of a report from the Governor of a State or otherwise. The latter situation may arise under Article 365 due to the failure of a State to comply with or give effect to any directions of the Union government.
Key Provisions of Article 356 – President’s Rule
1. Invocation Based on Governor’s Report: The President can impose President’s Rule in a state if the Governor reports that the state cannot be run in accordance with the Constitution.
2. Breakdown of Constitutional Machinery: It is invoked when there is a failure of the constitutional machinery, such as no party securing a majority, loss of majority by the ruling party, or breakdown of law and order.
3. President Assumes State Functions: Under President’s Rule, the President assumes all or any of the functions of the state government, including the powers of the Governor and the State Legislature.
4. Suspension or Dissolution of Assembly: The Legislative Assembly can be either suspended or dissolved, and the Council of Ministers is dismissed.
5. Parliamentary Approval: The proclamation must be approved by both Houses of Parliament within two months, failing which it ceases to operate.
6. Time Limits and Extensions: Once approved, the rule lasts for 6 months and can be extended every 6 months up to 3 years, with additional conditions like a National Emergency in force.
7. Judicial Review: The Supreme Court in the S.R. Bommai case (1994) ruled that the proclamation under Article 356 is subject to judicial review, preventing its arbitrary use.
8. Safeguard Against Misuse: Due to past misuse for political gains, judicial and parliamentary checks now ensure that President’s Rule is used sparingly and constitutionally.
Constitutional Provisions
1. Basis of Imposition: President’s Rule is imposed when the Governor submits a report stating that the government of the state cannot be carried on in accordance with the Constitution.
2. Failure of Constitutional Machinery: It applies when there is a breakdown of constitutional machinery, such as political instability, no clear majority, or administrative collapse.
3. Non-Compliance with Union Directions: Under Article 365, failure of a state to comply with directions of the Union can be treated as an inability to function constitutionally, leading to President’s Rule.
4. Parliamentary Approval: The proclamation must be approved by both Houses of Parliament within two months, or it ceases to operate.
5. Duration and Extensions: Once approved, it lasts for six months and can be extended every six months, up to a maximum of three years under special conditions.
6. Conditions for Extension Beyond One Year: For continuation beyond one year, a National Emergency must be in force or the Election Commission must certify that elections cannot be held.
7. Effect on State Legislature: The Legislative Assembly may be either suspended or dissolved, depending on the situation and President’s discretion.
8. Dismissal of State Government: With the imposition of President’s Rule, the Council of Ministers is dismissed, and the executive powers are exercised by the President through the Governor.
Role of Governors and Dissolution of Assemblies
| Aspect | Explanation | Examples/Remarks |
|---|---|---|
| Discretionary Power | Governors can recommend President’s Rule and advise dissolution based on their assessment. | Subject to constitutional interpretation and judicial review. |
| Refusal to Dissolve | Some Governors preferred to keep the Assemblies in suspended animation till fresh elections. | E.g., Bihar (2005) – Assembly was kept in suspended animation. |
| Recommendation for Dissolution | Governors have recommended dissolution, citing lack of majority or breakdown of governance. | E.g., Kerala (1959) – First elected communist govt dismissed. |
| Controversial Use | Several instances where Governors acted allegedly under political pressure. | E.g., Uttarakhand (2016) – SC restored the dismissed Congress govt. |
| Historical Precedent | Some actions had long-term implications for Centre-State relations and federalism. | E.g., Punjab (1951) – First use of Article 356. |
| Judicial Oversight | Supreme Court has reviewed the Governor’s actions in the S.R. Bommai case (1994). | Set guidelines limiting the misuse of Article 356. |
| Partisan Allegations | Accusations that the Governors acted in favour of the ruling party at the Centre. | Common in politically fragmented states. |
| Need for Reforms | Experts advocate for clearer norms and accountability in the exercise of the Governor’s discretion. | Recommended by the Sarkaria and Punchhi Commissions. |
Conclusion
President’s Rule, as envisaged under Article 356, is meant to serve as a constitutional safety valve to address exceptional situations where a State government cannot function according to constitutional norms. However, it must not be reduced to a political weapon to destabilise elected governments. Its imposition must be guided by the principles of federalism and democracy, and therefore should be exercised sparingly, objectively, and with utmost transparency. To uphold the spirit of the Constitution, it is imperative to strengthen institutional checks and balances, ensure the neutrality and accountability of Governors, and maintain robust judicial oversight.
Prelims Questions
Q. Consider the following statements regarding President’s Rule:
1. It can be imposed only after receiving a report from the Governor of the State.
2. It must be approved by both Houses of Parliament within two months.
3. It can be extended for an indefinite period with parliamentary approval.
Which of the statements given above is/are correct?
(a) 1 and 2 only
(b) 2 only
(c) 1 and 3 only
(d) 2 and 3 only
Answer: A
Mains Questions
Q. How is President’s Rule imposed in a State under Article 356 of the Constitution? Discuss the constitutional safeguards, judicial interventions, and the role of Governors in this context. Highlight the challenges and suggest reforms to prevent misuse.
(250 words, 15 marks)
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