President’s Rule in Puducherry | 26 Feb 2021

Why in News

President’s Rule has been imposed in the Union Territory of Puducherry, on the recommendation of the Lieutenant Governor, after the established government lost power during a vote of confidence.

• The President was satisfied that a situation had arisen in which the administration of the Union Territory of Puducherry could not carry on in accordance with the provisions of the Government of Union Territories Act, 1963.
  • The Government of Union Territories Act, 1963 enacted by the Parliament in accordance with the provisions of article 239A.

Key Points

• Administration of Union Territories:
  
  • Article 239 to 242 under Part VIII of the Indian Constitution deals with the administration of Union Territories.
  • Every union territory is administered by the President acting through an administrator appointed by him.
  • An administrator of a union territory is an agent of the President and not head of state like a governor.
    
    • The President can specify the designation of an administrator; it may be Lieutenant Governor or Chief Commissioner or Administrator.
  • The Union Territories of Puducherry (in 1963), Delhi (in 1992) and Jammu and Kashmir (in 2019) are provided with a legislative assembly and a council of ministers headed by a chief minister.
    
    • But, the establishment of such institutions in the union territories does not diminish the supreme control of the President and Parliament over them.
    • The Parliament can make laws on any subject of the three lists (including the State List) for the union territories.
• Provision in Case of Failure of Constitutional Machinery (as per the 1963 Act):
  
  • If the President, on receipt of a report from the Administrator of (the Union territory) or otherwise, is satisfied,―
    
    • that a situation has arisen in which the administration of the Union territory cannot be carried on in accordance with the provisions of this Act, or
    • that for the proper administration of the Union territory it is necessary or expedient so to do,
  • The President may, by order, suspend the operation of all or any of the provisions of this Act for such period as he thinks fit, and
    
    • Make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the Union territory in accordance with the provisions of Article 239.
• President’s Rule in a State:
  
  • Meaning:
    
    • President’s Rule implies the suspension of a state government and the imposition of direct rule of the Centre.
    • It is also known as ‘State Emergency’ or ‘Constitutional Emergency’.
  • Constitutional Provisions:
    
    • The President’s Rule is imposed through the invocation of Article 356 of the Constitution by the President on the advice of the Union Council of Ministers.
    • Under Article 356, President’s Rule is imposed if the President, upon receipt of the report from the Governor of the 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 the Constitution.
  • Parliamentary Approval and Duration:
    
    • A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue.
    • The approval takes place through simple majority in either House, that is, a majority of the members of the House present and voting.
    • Initially valid for six months, the President’s Rule can be extended for a maximum period of three years with the approval of the Parliament, every six months.
  • Consequences of President’s Rule:
    
    • The state governor, on behalf of the President, carries on the state administration with the help of the chief secretary of the state or the advisors appointed by the President.
    • The President can declare that the powers of the state legislature are to be exercised by the Parliament.
    • The President either suspends or dissolves the state legislative assembly.
  • Revocation:
    
    • A proclamation of President’s Rule may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.
    • This happens, in case, the leader of a party produces letters of support from a majority of members of the Assembly, and stakes his claim to form a government.

Source: TH