President Rule in India, 2025

Author
Shashank Mishra
Created
Reading time
9 min

Introduction

The extension of President Rule in India (Manipur) has highlighted how Article 356 has been used historically throughout India, demonstrating how its application not only halts state democracy but also alters the balance of political power.

What is the President Rule in India?

  • A state government and its legislature are suspended under the President’s Rule, which puts the state directly under the authority of the federal government.
  • If a state’s constitutional apparatus fails, it is enforced under Article 356 of the Constitution. Another name for President’s Rule is Constitutional Emergency or State Emergency.
  • Because “failure of constitutional machinery” is not defined precisely in the Constitution, the Center may interpret it subjectively, which might lead to abuse.

What is the Constitutional Basis of President Rule in India?

  • Article 355: Requires the federal government to make sure that states are operating in accordance with the Constitution.
  • Article 356: Permits the president to enforce President’s Rule, either at the president’s discretion or on the governor’s request, in the event that the state government is not operating in accordance with the constitution.
  • Article 365: If a state does not comply with the Centre’s directions, the President can declare that its government cannot function constitutionally.

What is the Parliamentary Approval of President Rule in India?

  • Within two months, both Houses of Parliament must adopt the declaration.
  • If the Rajya Sabha gives its approval, President’s Rule that is proclaimed at the time of the Lok Sabha’s dissolution or if it dissolves within two months without accepting the proclamation is still in effect 30 days after the Lok Sabha reconvenes.
  • A simple majority in Parliament—that is, the majority of members present and voting—is needed for approval or an extension.

What is the Duration of President Rule in India?

  • With the consent of Parliament every six months, it can be extended from its initial six-month term to a maximum of three years.
  • The 44th Amendment Act of 1978 allows for extensions longer than a year in the event of a national emergency or if the Indian Election Commission determines that elections cannot be held.
  • A constitutional amendment is necessary for extensions longer than three years (such as the 67th and 68th Amendments for Punjab during insurgency).

What are the Impacts of President Rule in India?

  • Executive Powers: With the help of the Chief Secretary and designated advisors, the Governor acts on behalf of the President, who takes charge of governmental operations.
  • Legislative Powers: Parliament either exercises its legislative authority (as specified in Article 357) or transfers it to the President or another designated entity, and the State Legislature is either suspended or disbanded.
  • Financial Control: Spending from the State Consolidated Fund may be authorized by the President, but Parliament must first approve it.
  • Fundamental Rights: In contrast to a National Emergency, when Article 19 freedoms are suspended and other rights (apart from 20 and 21) may be restricted, the President’s Rule does not restrict people’ basic rights.
President Rule in India

What are the Judicial Pronouncements Regarding the President Rule in India?

  • S. R. Bommai Case (1994): The Supreme Court decided that dismissal of a state government must be based on a floor test rather than just the governor’s judgment and that Article 356 is open to judicial scrutiny.
  • Sarbananda Sonowal Case (2005): The Supreme Court upheld the Union’s obligation under Article 355 to defend nations against both domestic unrest and external assault.
  • Rameshwar Prasad Case (2006): The Supreme Court chastised the political abuse of Article 356 and denounced the dissolution of the Bihar Assembly without a floor test, arguing that it cannot be used to fight societal ills like desertion.

What Beneficial Roles Does the President’s Rule Play in India’s Federal System?

  • Restoration of Constitutional Machinery
    • President’s Rule guarantees administrative continuity in cases where a state government is unable to carry out its constitutional duties because of a breakdown in law and order or poor governance.
    • It protects the broader federal structure and serves as a constitutional safety valve, averting chaos.
  • Protection of National Integrity and Security
    • President’s Rule enables the Union to immediately intervene and preserve sovereignty in cases of insurrection, separatist movements, or foreign threats.
    • With more resources (Army, CAPF, intelligence agencies), the Union government can take decisive action, which state governments could find difficult to handle.
  • Neutral Administration During Political Deadlock
    • President’s Rule keeps shady alliances and horse-trading at bay when there are hung assemblies or huge defections and no party can establish a majority.
    • By making room for a new election mandate, it guarantees that political opportunism won’t take control of governing.
  • Ensuring Uniform Implementation of National Policies
    • President’s Rule facilitates smooth coordination between the Union and the State during crises such as natural catastrophes, pandemics, or economic downturns.
    • By avoiding local political squabbles, central control guarantees effective resource allocation and quicker decision-making.
  • Safeguard Against Corruption and Maladministration
    • The President’s Rule serves as a check on governmental corruption, power abuse, and human rights abuses.
    • By demonstrating checks and balances against abuse of power, it protects the rule of law, guarantees accountability, and strengthens public trust in the Constitution.

What are the Concerns Surrounding the Imposition of the President Rule in India?

  • Risk to Federalism and State Independence
    • The balance of power between the Union and the states may be upset by President’s Rule, which temporarily brings a state under central authority. The cooperative federalism envisioned in the Constitution may be weakened by frequent impositions.
    • It reduces state powers by undermining elected state governments and enabling the Center to assume administrative and legislative authority.
  • Potential of Political Misuse for Power
    • President’s Rule runs the possibility of being used more for political ends than for actual governance difficulties, as demonstrated by past instances.
    • When faced with internal instability, state administrations are susceptible to arbitrary intervention. At the expense of local political organizations, this political abuse frequently strengthens the center’s hold on power.
  • Risk of Governance Paralysis
    • Because state officials now report directly to the Center, the President’s Rule impairs administration and delays the implementation of policies, resulting in government paralysis.
    • A state’s unique socioeconomic and cultural background may be unfamiliar to central officials.
    • Programs and policies might not be adapted to local demands, which would decrease their efficacy.
  • Governor’s Role and the Risk of Partisanship
    • The Arunachal Pradesh case (2016) demonstrates the contentious nature of the governor’s position in suggesting President’s Rule.
    • According to the Punchhi Commission, governors need to behave autonomously rather than as “agents of the Center.”

What Changes Can Guarantee President Rule in India Is Applied Responsibly?

  • Sparing Use of Article 356
    • The Sarkaria Commission (1983) advised that Article 356 be applied only as a last resort when all other options for addressing a state’s constitutional collapse have been exhausted.
    • A clear definition of “failure of constitutional machinery” is necessary to avoid abuse.
  • Localized Emergency Provisions
    • According to the Punchhi Commission (2010), emergency measures under Articles 355 and 356 should be localized, permitting the governor to rule over certain regions (such as districts) for a maximum of three months.
  • Detailed Governor’s Report
    • The Inter-State Council recommends that the state be warned before President’s Rule is enforced and that the governor’s report be thorough and illustrative.
    • Before the President’s Rule is applied, a floor test should be required to demonstrate the loss of majority. This guards against abuse for political ends and guarantees democratic accountability.
  • Special Majority for Ratification
    • The plan to impose President’s Rule should require a special majority in Parliament to be ratified in order to ensure wider political agreement.
  • Strengthening Judicial Scrutiny
    • It is necessary to enhance the judiciary’s involvement in examining the President’s Rule. Only in extreme cases and when there is a true constitutional collapse should the President’s Rule be applied, which should be ensured by a required judicial review process.
  • Encouraging Decentralized Administration
    • During President’s Rule, local governance systems should be reinforced to provide a balance between state autonomy and federal interference.
  • Timely Elections and Accountability
    • In order to reestablish democratic administration and the people’s mandate, elections ought to be held as soon as possible following President’s Rule.
    • Prolonged President’s Rule should be avoided unless there are legitimate reasons, such as natural catastrophes or national security issues, that make timely elections impossible.

Conclusion

President Rule in India is an essential constitutional protection, yet history demonstrates that it may also be abused politically. Achieving equilibrium between state sovereignty and central intervention is the true difficulty. To preserve India’s federal ethos, it is essential to bolster judicial scrutiny, require floor tests, and hold elections on schedule.

Frequently Asked Questions (FAQs)

  • Has President Rule in India been imposed in 2025?

    Yes, Manipur’s President’s Rule has been extended as of 2025. It was first enforced on February 13, 2025, and in August 2025, Parliament authorized a six-month extension.

  • Is the imposition of President Rule in India subject to judicial review?

    In fact, it is. The Supreme Court ruled in the seminal case of S.R. Bommai vs. Union of India (1994) that the President’s decision to enforce the President’s Rule is subject to judicial scrutiny. The court can investigate if the action was warranted and if the President’s satisfaction was founded on “relevant material”. It should only be used as a last option, the court stressed, and not for political purposes.

  • Which constitutional articles relate to it?

    Article 356 of the Indian Constitution is the main clause pertaining to President’s Rule. The President may presume that the constitutional machinery has malfunctioned if a state disregards directives from the central government, according to Article 365.

  • What happens after President’s Rule ends?

    Without parliamentary consent, the President may withdraw the President’s Rule at any moment by issuing a new proclamation. A new state government may be established once it is repealed. The legislative assembly may be resurrected if it was just suspended rather than disbanded. If not, a new government must be formed through new elections.

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