What is Presidential Rule (Article 356)? Know its Process, Provisions, History & Judicial Interpretations

Recently Ministry of Home Affairs officially declared the imposition of President’s Rule in Manipur on February 13, 2025. This decision follows the recent resignation of Chief Minister Biren Singh, who submitted his resignation letter to the state’s governor. Manipur, a northeastern state of India, has been grappling with continuous violence for the past five months. The conflict erupted in May 2023 and involved ethnic tensions between the Meitei and Kuki-Zo communities.

Proclamation given by the President of India "Whereas, I, Droupadi Murmu, President of India, have received a report from the Governor of the State of Manipur and after considering the report and other information received by me, I am satisfied that a situation has arisen in which the Government of that State cannot be carried on in accordance with the provisions of the Constitution of India"

Why Did Biren Singh Resign as Manipur CM?

The political landscape in Manipur has witnessed a major shift with the resignation of Chief Minister N. Biren Singh. His decision to step down comes against the backdrop of prolonged ethnic unrest and increasing pressure from the opposition.

Upcoming Legislative Developments in Manipur

With political instability mounting, the Governor of Manipur had scheduled an assembly session to commence on February 10, 2025. However, with Singh’s resignation, the state now faces a period of uncertainty regarding its governance structure.

What Lies Ahead for Manipur?

After the resignation done from Chief Minister N. Biren Singh, the Governor of Manipur stands on President Rule Under Article 356 of the Constitution. The President’s Rule is initially enforced for six months but can be extended up to three years with parliamentary approval every six months. However, extending it beyond one year requires additional conditions to be met.

Emergency Provisions in the Indian Constitution

In the Indian Constitution, the Emergency provisions are mentioned in Part XVIII. These provisions can be categorized into three distinct types:

1. National Emergency Provisions – These include Articles 352, 353, 354, 358, and 359, which collectively govern the declaration and execution of a national emergency in extraordinary situations.
2. President’s Rule in States – Articles 355, 356, and 357 deal with situations where the President's Rule may be imposed in a state due to governance failure or threats to national integrity.
3. Financial Emergency – Article 360 specifically pertains to financial crises that could endanger the stability of the country's economy, allowing the central government to assume greater control over financial matters.

These provisions empower the central government to take necessary actions during critical situations to uphold the Constitution and maintain stability in the country.

What is the President’s Rule?

President's Rule refers to a constitutional provision under Article 356, which enables the central government to assume direct control over a state if the state government is unable to function by constitutional provisions.

Article 356: President’s Rule in States

Article 356 of the Indian Constitution is titled "Provisions in Case of Failure of Constitutional Machinery in States." However, the article itself does not explicitly mention the phrase "failure of constitutional machinery." Instead, it uses language similar to Article 355, stating that if the state government cannot function as per the provisions of the Constitution, the President is empowered to act.

If the President, either on receiving a report from the Governor or based on other inputs, determines that such a crisis has occurred, he may issue a Proclamation and take any or all of the following measures:

1. Assume Executive Powers – The President can take over some or all functions of the state government and the powers of the Governor or any authority within the state, except the Legislature.
2. Control Over Legislative Powers – The President can authorize Parliament to exercise the legislative powers of the state.
3. Additional Necessary Provisions – The President can introduce incidental or consequential measures needed to implement the Proclamation, including suspending specific constitutional provisions related to state bodies or authorities.

Limitations

The President’s authority does not extend to assuming judicial functions of the High Court or suspending any constitutional provisions concerning High Courts.

This provision allows the central government to step in during a governance crisis in a state, ensuring constitutional order is maintained.

Facts on Constitutional Provision under Article 356

Process of Imposing President’s Rule

1. Governor's Report: The Governor sends a report to the President citing governance failure.
2. Presidential Proclamation: The President, if satisfied, issues a proclamation imposing central rule.
3. Parliamentary Approval: The proclamation must be approved by both Houses within two months.
4. Extensions: Can be extended for up to 3 years, but after one year, it requires:
• National emergency declaration in the state, or
• Election Commission certification that state elections cannot be held.

Historical Instances of President’s Rule in India

Since the adoption of the Constitution in 1950, President's Rule has been imposed 134 times across various states and union territories.

Notable Cases of President’s Rule

• Jammu & Kashmir (Over 12 years): Due to separatist movements and security concerns.
• Punjab (Over 10 years): Resulting from insurgency and instability.
• Puducherry (7+ years): Due to frequent government collapses from defections and internal disputes.
• Puducherry (2021): Imposed after the Congress-led government lost a vote of confidence.

Judicial Interpretation: The S. R. Bommai Case (1994)

One of the most significant rulings on the President’s Rule came in the S. R. Bommai v. Union of India (1994) case. The Supreme Court set key guidelines to prevent misuse of Article 356.

Key Guidelines from the Bommai Judgment

• Judicial Review: Courts can examine whether the President’s Rule was imposed based on valid reasons.
• Validity of Material: The court can check if the Governor's report justifies the imposition.
• Legislative Suspension: The state legislature is suspended, but the government is not immediately dissolved.
• Parliamentary Approval: If both Houses do not approve the proclamation within two months, it ceases to operate.
• Centre-State Relations: The Supreme Court emphasized that states are not "mere appendages" of the Centre.

Justice B. P. Jeevan Reddy’s Observations

• The Centre cannot arbitrarily impose the President’s Rule.
• The courts must protect the rights and powers of the states.
• Judicial intervention is permissible if the Centre's decision is found to be unconstitutional or malicious.

Declining Use of President’s Rule

Post the Bommai judgment, the imposition of the President’s Rule has significantly decreased due to judicial scrutiny and political awareness about constitutional limits.

Conclusion

The imposition of the President’s Rule under Article 356 is a constitutional safeguard to address governance crises in states. While it ensures stability, its historical misuse led to judicial scrutiny, particularly in the S. R. Bommai case (1994), which established limitations on its arbitrary application. Post-1994, its use has declined, reinforcing India’s federal structure. The recent imposition in Manipur highlights ongoing challenges in maintaining constitutional governance amidst political and ethnic unrest, emphasizing the need for responsible state administration and Centre-State cooperation.