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PRESIDENT’S RULE

PRESIDENT’S RULE 

In layman’s term President's Rule is the suspension of state government and imposition of direct central government rule in a state.
Article 356 of Indian Constitution deals with imposition of President’s Rule over a State of India. If a State Government is unable to function according to constitutional provisions, the Central government can take direct control of the state machinery.
Executive authority is exercised through the centrally appointed governor, who has the authority to appoint other administrators to assist them. 
During president's rule, the Council of Ministers is dissolved, vacating the office of Chief Minister. Furthermore, the Vidhan Sabha is either prorogued or dissolved, necessitating a new election. 
The Governor is an appointee of the President and thus, effectively, a functionary of the Union Government. 


S. R. Bommai v. Union of India was a landmark judgment of the Supreme Court where the Court discussed at length provisions of Article 356 of the Constitution of India and related issues. This case had huge impact on Centre-State Relations. The judgement attempted to curb blatant misuse of Article 356 of the Constitution of India, which allowed President’s rule to be imposed over state governments.

IMPOSITION 

Imposition of President’s Rule in a state would be proper in the following situations:

   • Where after general elections to the assembly, no party secures a       majority that is, Hung Assembly.
  • Where the party having a majority in the assembly declines to form a ministry and the governor cannot find a coalition ministry commanding a majority in the assembly.
  • Loss of majority in the assembly due to a vote of no-confidence in the house.
  • Where a constitutional direction of the Central government is disregarded by the state government.
  • Internal subversion where, for example, a government is deliberately acting against the Constitution and the law or is fomenting a violent revolt.
  • Physical breakdown where the government willfully refuses to discharge its constitutional obligations endangering the security of the state.

GOVERNOR’S ROLE IN HUNG ASSEMBLY 

Sarkaria Commission was constituted as a constitutional bench of the Apex court in Rameshwar Prasad vs Union of India case in 2005.  The Commission listed out steps  the Governor needs to follow in case there is a hung assembly with no party with the absolute majority to form the government.

1. Invite the alliance of parties established before the polls.
2. The single largest party should be invited to form the government if it can show the requite number with the support of other parties or independents.
3. A post-poll coalition formed by two or more political outfits by coming together to form the government. 
4. A post-poll coalition of parties including independents to form the government

If none of the about given options bear results and ends up in forming a government then the president rule shall be imposed for six months and fresh elections to be called soon after it.


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