President’s Rule in Manipur

• 18 Feb 2025

For Prelims: President’s Rule, Article 356, Kuki-Zo and Meitei, Article 355, Governor, Simple Majority, 44th Amendment Act, 1978, National Emergency, Election Commission, State Consolidated Fund 

For Mains: Constitutional provisions regarding President’s rule and judicial interpretation. 

Source: IE 

Why in News? 

The Centre has imposed the President’s rule in Manipur under Article 356 of the Indian Constitution and suspended the state assembly after the resignation of its Chief Minister. 

How President’s Rule Can Help in Resolving Conflict in Manipur? 

• Neutral Administration: Central rule will remove allegations of biased handling of ethnic violence, protecting both Kuki-Zo and Meitei communities. 
  • Governor-supervised central forces can prevent ethnic clashes and maintain law & order in the state. 
• Electoral Stability: Prevents governance erosion by ending internal disputes within the ruling party. 
• Rehabilitation: Ensures fair relief and rehabilitation for 60,000 displaced people in camps for over 20 months.

Click Here to Read: What led to the Manipur Unrest? 

What is the President's Rule? 

• About: President’s Rule refers to the suspension of a state government and its legislative assembly, placing the state under the direct control of the central government.  
  • It is imposed under Article 356 of the Indian Constitution. 
• Constitutional Basis: Article 355 mandates the Central government to ensure that every state functions as per the Constitution.  
  • If a state government fails to function as per constitution, the Centre can intervene under Article 356 by imposing President’s Rule. 
  • President’s Rule is also known as State Emergency or Constitutional Emergency. 
• Grounds for Proclamation: 
  • Article 356: The President can impose President’s Rule if a situation arises where the state government cannot function as per the Constitution. This can be done: 
    • On the recommendation of the Governor. 
    • On the President’s discretion, even without the Governor’s report. 
  • Article 365: If a state fails to comply with the Centre’s directions, the President can declare that its government cannot function constitutionally. 
• Parliamentary Approval: A proclamation of President’s Rule must be approved by both Houses of Parliament within two months. 
  • If President's Rule is declared when the Lok Sabha is dissolved, or if it dissolves within two months without approving the proclamation, it remains valid until 30 days after the Lok Sabha reconvenes, provided the Rajya Sabha approves it during this period. 
  • Approving or extending the President's Rule requires a simple majority in Parliament (majority of members present and voting). 
• Duration: President’s Rule lasts six months initially and can be extended up to 3 years with Parliament’s approval every six months. 
  • The 44th Amendment Act, 1978 allows extending President’s Rule beyond one year only if: 
    • National Emergency is in force across India or in any part of the state. 
    • The Election Commission certifies that elections to the state assembly cannot be held due to difficulties. 
  • For extension of President’s Rule beyond 3 years, constitutional amendment is required. E.g., 67th Amendment Act, 1990 and 68th Amendment Act, 1991 was enacted to extend President’s Rule beyond 3 years in Punjab during Punjab insurgency. 
• Impacts: The President assumes extraordinary powers when the President's Rule is imposed. 
  • Executive Powers: The President takes over state functions, with the Governor administering on their behalf, assisted by the Chief Secretary and appointed advisors. 
  • Legislative Powers: The State Legislature is suspended or dissolved, with Parliament exercising its powers or delegating law-making authority to the President or a specified body. 
    • Laws made during the President's Rule remain in force unless repealed by the state legislature. 
  • Financial Control: The President can authorize expenditure from the State Consolidated Fund until it is approved by Parliament. 
• Revocation: The President can revoke President’s Rule anytime without parliamentary approval. 

What is the Supreme Court’s Stand on Imposition of President’s Rule? 

• SR Bommai Case, 1994: The Supreme Court (SC) ruled that Article 356 is subject to judicial review, and state government’s dismissal must be based on a floor test, not the Governor’s opinion. 
• Sarbananda Sonowal Case, 2005: Article 355's scope was broadened, enabling the Union to take wider actions to uphold state governance and constitutional principles. 
• Rameshwar Prasad Case, 2006: The SC condemned the Bihar Assembly's dissolution without a floor test and criticized the political misuse of Article 356. 
  • Article 356 cannot be used to combat social evils like defection.  
  • Immunity under Article 361 does not prevent the court from reviewing the validity of actions.

Click Here to Read: Proper and Improper Use of Article 356 

What are the Recommendations Regarding Imposition of President’s Rule? 

• Sarkaria Commission (1987): It recommended using Article 356 sparingly, only as a last resort when all alternatives fail to resolve a state's constitutional breakdown. 
• Punchhi Commission (2010): It proposed "localizing emergency provisions" under Articles 355 and 356, allowing Governor's rule localised areas, like a district or parts of it for up to 3 months. 
• National Commission to Review the Working of the Constitution (NCRWC, 2000): Article 356 should not be deleted, but it must be used sparingly and only as a remedy of the last resort. 
  • President’s Rule may continue even without an emergency if elections cannot be held. Article 356 should be amended accordingly.  
• Inter-State Council (Article 263): The Governor’s report recommending imposition of President’s rule should be detailed and explanatory.  
  • The state at fault should receive a warning before President's Rule is imposed.  
  • A special majority should be required for ratifying the proposal to impose President's Rule.

Click Here to Read: Sarkaria Commission, Punchhi Commission, Venkatachaliah Commission (NCRWC) 

Conclusion 

The imposition of President’s Rule in Manipur aims to restore stability by ensuring neutral governance, maintaining law and order, and facilitating political dialogue. However, past judicial rulings and commission recommendations highlight the need for cautious and minimal use of Article 356 to prevent political misuse and uphold federalism.

Drishti Mains Question:

Discuss the constitutional provisions and judicial interpretations regarding the imposition of President’s Rule in India.

UPSC Civil Services Examination, Previous Year Question (PYQ) 

Prelims 

Q. If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then (2018)

(a) the Assembly of the State is automatically dissolved. 

(b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament. 

(c) Article 19 is suspended in that State. 

(d) the President can make laws relating to that State. 

Ans: (b)

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Mains 

Q. Under what circumstances can the Financial Emergency be proclaimed by the President of India? What consequences follow when such a declaration remains in force? (2018)