Actual Article
Article 356: Provisions in case of failure of constitutional machinery in States
(1) If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation—
- (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;
- (b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;
- (c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State:
Provided that nothing in this clause shall authorize the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.
(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.
(3) Every Proclamation under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:
Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.
(4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of six months from the date of the passing of the second of the resolutions approving the Proclamation under clause (3):
Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which it would otherwise have ceased to operate under this clause:
Provided further that in no case shall a Proclamation remain in force for more than three years:
Provided also that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People.
(5) Notwithstanding anything in this Constitution, the satisfaction of the President mentioned in clause (1) shall be final and conclusive and shall not be questioned in any court on any ground.
(6) Notwithstanding anything in this Constitution, the validity of anything done under clause (1) shall not be questioned in any court on the ground that the President ought or ought not to have been satisfied as to the existence of a situation mentioned in that clause.
UPSC Notes for Article 356
Explanation:
- President’s Rule: Article 356 allows the President to impose President’s Rule in a State if he is satisfied that the State government cannot be carried on in accordance with the provisions of the Constitution.
- Proclamation Details: The Proclamation can assume the functions of the State Government, declare that the powers of the State Legislature shall be exercised by Parliament, and make necessary provisions to give effect to the Proclamation.
- Parliamentary Approval: The Proclamation must be approved by both Houses of Parliament within two months and can be extended in six-month increments for up to three years.
- Judicial Review: Initially, the satisfaction of the President was considered final and conclusive, but later judicial interpretations have allowed for limited judicial review to prevent misuse.
Key Points:
- Safeguard Mechanism: Provides a safeguard mechanism for the Union to take control of a State in case of constitutional breakdown.
- Checks and Balances: Requires parliamentary approval, ensuring that the imposition of President’s Rule is subject to legislative scrutiny.
- Limited Judicial Review: The Supreme Court has ruled that the imposition of President’s Rule is subject to judicial review to prevent arbitrary use.
Important Cases and Commissions Related to Article 356
Cases:
- S.R. Bommai vs. Union of India (1994): The Supreme Court laid down guidelines for the imposition of President’s Rule and ruled that it is subject to judicial review. The Court emphasized that the use of Article 356 should be an exception and not a rule.
Commissions:
- Sarkaria Commission (1983): Recommended measures to prevent misuse of Article 356 and emphasized the need for proper justification and parliamentary approval.
- Punchhi Commission (2010): Suggested additional safeguards and procedures to ensure the fair and just use of President’s Rule.
Important Reports Related to Article 356:
- Sarkaria Commission Report: Provided detailed recommendations on the use of Article 356 to ensure it is used judiciously and only in genuine cases of constitutional breakdown.
- Punchhi Commission Report: Offered further insights and recommendations to strengthen the checks and balances on the use of President’s Rule.
Previous Year Prelims Questions Related to Article 356
- (UPSC Prelims 2016) What does Article 356 of the Indian Constitution provide for?
A. The amendment of the Constitution
B. The imposition of President’s Rule in a State
C. The dissolution of the Lok Sabha
D. The election of the President Correct Answer: B. The imposition of President’s Rule in a State - (UPSC Prelims 2018) How long can President’s Rule be extended in a State as per Article 356?
A. Six months
B. One year
C. Two years
D. Three years Correct Answer: D. Three years
Previous Year Mains Questions Related to Article 356
- Mains 2016: “Discuss the significance of the S.R. Bommai case in the context of Article 356. How has the Supreme Court’s interpretation of this article impacted Centre-State relations in India?”
- Mains 2019: “Evaluate the role of Article 356 in maintaining constitutional governance in India. What safeguards and guidelines have been suggested to prevent its misuse?”
Additional Insights:
- Democratic Safeguard: Article 356 is designed as a democratic safeguard to ensure that States operate within the constitutional framework, but its use must be carefully monitored to prevent misuse.
- Role of Judiciary: The judiciary plays a crucial role in reviewing the imposition of President’s Rule, ensuring that it is used fairly and justly.
- Centre-State Relations: The use and potential misuse of Article 356 have significant implications for Centre-State relations, making it a critical area of constitutional law and governance.
Understanding Article 356 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for President’s Rule, highlighting the balance between maintaining constitutional governance and preventing misuse of executive power. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring the protection of State autonomy and the maintenance of federal principles within the Indian Constitution.