Article 356 of the Indian Constitution

Students often confuse the approval timeline. A proclamation imposing President's Rule must be approved by both Houses of Parliament within two months from the date of its issue. The trap is often setting the timeline to one month or three months. Also, remember that if Lok Sabha is dissolved during those two months, then it needs to be approved in the first sitting of the new Lok Sabha.

President's Rule addresses the failure of constitutional machinery in a state, meaning a situation where the state government is unable to function according to the Constitution. This is distinct from financial emergency (Article 360) or external aggression (Article 355). It provides a mechanism for the central government to step in when the state government can't maintain order or govern effectively, such as during severe political instability or breakdown of law and order.

The two main grounds are: (1) breakdown of law and order, and (2) political instability. However, the Supreme Court, particularly in the S.R. Bommai case, has emphasized that political instability should not be used to resolve internal party disputes. A floor test is generally required to determine if a government has lost its majority before resorting to President's Rule.

President's Rule doesn't address every governance issue. Critics argue it can be misused for political purposes, undermining federalism. It's not meant to resolve routine administrative problems or minor law and order issues. The S.R. Bommai case highlighted concerns about arbitrary use and emphasized judicial review.

In 2016, President's Rule was imposed in Arunachal Pradesh due to political instability. However, the Supreme Court later overturned the decision, emphasizing the importance of a floor test to determine the majority. This case highlights how the judiciary can check the executive's power in imposing President's Rule.

Without President's Rule, a state facing a constitutional crisis would likely experience prolonged political instability, potentially leading to administrative paralysis and breakdown of essential services. The central government would have limited options to intervene, potentially leading to a more chaotic and prolonged crisis. Citizens might face greater uncertainty and disruption in their daily lives.

The strongest argument is that it undermines federalism and gives the central government excessive power to interfere in state affairs. Critics point to historical instances where it was allegedly used for political gain. In response, one could argue that it's a necessary safeguard to prevent complete constitutional breakdown, but its application must be subject to strict judicial review and used as a last resort, as emphasized in the Bommai case.

Several reforms could be considered: (1) Stricter guidelines for Governors in recommending President's Rule, (2) mandatory floor tests to prove loss of majority, and (3) greater transparency in the information used to justify its imposition. Some experts also suggest exploring alternative mechanisms for Centre-State cooperation to address governance failures without resorting to President's Rule.

Many democracies don't have a direct equivalent to President's Rule. Some have mechanisms for federal intervention in subnational units, but these are often more limited in scope and subject to stricter legal constraints. Critics argue that India's President's Rule has been used more frequently and with less justification compared to similar interventions in other federal systems. However, proponents argue that India's unique challenges, such as diverse social and political landscape, necessitate such a provision.

The maximum period is three years. Beyond one year, it can only be extended if the Election Commission certifies that elections cannot be held in the state. This is a crucial check to prevent indefinite rule by the central government.

The S.R. Bommai case (1994) addressed the arbitrary imposition of President's Rule. The Court ruled that its validity is subject to judicial review, and the reasons for its imposition must be based on objective material. It's still relevant because it acts as a check on the central government's power and protects the principles of federalism.

Article 355 obligates the Union to protect states against external aggression and internal disturbance, while President's Rule (Article 356) is invoked when the constitutional machinery of a state fails.