Manipur Unrest Raises the Question of President’s Rule 

Syllabus: GS2/ Polity and Governance

Context

• The resignation of the Chief Minister of Manipur has loomed the possibility of President’s Rule in the state.

Article 356 of the Constitution

• Article 356 empowers the President of India to impose President’s Rule in a state when governance cannot be carried out as per constitutional provisions. 
• This typically follows a report from the Governor, stating that the state machinery has failed.
  • The President issues a proclamation that transfers the state government’s functions to the Centre and the state legislature’s powers to Parliament.
  • The judiciary, especially the High Court, continues to function without interference.
  • The proclamation remains valid for up to two months but must be approved by both Houses of Parliament to extend further.
  • If approved, the Rule can last for six months and be extended in increments of six months, up to a maximum of three years.

President’s Rule in India

• Since the adoption of the Constitution, Article 356 has been invoked 134 times across various states and Union Territories. 
• Manipur and Uttar Pradesh have seen its imposition the most, at ten times each. However, some states and UTs have spent longer durations under central control than others.
  • Other states, like Jammu and Kashmir or Punjab, might have had fewer instances but longer periods of central rule due to specific circumstances like prolonged political instability or security concerns.

S R Bommai v Union of India (1994) Case

• The Supreme Court, in the landmark S R Bommai v. The Union of India case placed restrictions on the misuse of Article 356. 
• The judgment established that;
  • The President’s decision is subject to judicial review.
  • Courts can strike down the imposition if found illegal, malafide, or based on extraneous considerations.
  • The state legislature alone would be suspended, and the executive and other arms of governance would continue unless Parliament ratified the proclamation within two months.

Way Ahead

• President’s Rule, while a constitutionally sanctioned instrument, remains a debatable issue in Indian politics.  
• The ongoing debate surrounding its application, as seen in the Manipur situation, underscores the need for a balanced approach, ensuring both the stability of state governments and the preservation of constitutional values.  

Source: IE