Recently, The Centre has imposed the President’s rule in Manipur under Article 356 of the Indian Constitution and suspended the state assembly.
Constitutional Provisions:
- Article 356: Invoked when the President is satisfied that a state cannot be run in accordance with constitutional provisions.
- Based on the Governor’s report or otherwise, but must be approved by Parliament within 2 months.
- Once approved, valid for 6 months, extendable up to 3 years under certain conditions.
- Beyond 1 year, extension needs a national emergency OR EC’s declaration that elections can’t be held.
Safeguards & Judicial Oversight:
- Supreme Court in S.R. Bommai (1994): President’s Rule is subject to judicial review to prevent political misuse.
- Parliamentary scrutiny ensures democratic accountability—approval is needed by both Houses.
- Limits on duration: Maximum 3 years, with periodic review, to prevent prolonged central rule.
- Legislation is suspended/dissolved only after Parliament’s consent, ensuring due process.
- Governor’s neutrality is vital; biased or mala fide reports can be challenged in court.
- Sarkaria Commission Report (1988):
- Recommended Article 356 be used sparingly, only as a last resort.
- Urged independent verification beyond Governor’s report, and prior warning to the state.
Article 123 of the Constitution empowers the President to promulgate ordinances during the recess of Parliament. The ordinance-making power allows the President to deal with unforeseen or urgent matters. But, the exercise of this power is subject to the following four limitations:
- Ordinances can be issued when both Houses are not in session or when only one House is in session. (not a parallel power of legislation)
- The President can issue an ordinance only when satisfied that immediate action is necessary, and his satisfaction is justiciable on the ground of malafide (Cooper case, 1970).
- Ordinances can only be issued on subjects on which Parliament can make laws and are subject to the same constitutional limitations as acts of Parliament.
- Every ordinance issued during the recess of Parliament must be laid before both Houses when it reassembles.
