Sambhav-2025

Approach Introduce by defining President’s Rule (Article 356) and its role in governance. Discuss how President’s Rule Disrupts the Democratic Mandate and Ensures Constitutional Stability. Conclude by mentioning the need for balance between constitutional stability and democratic values.

Introduction

Article 356 of the Indian Constitution provides for President’s Rule in a state when there is a failure of constitutional machinery. While this ensures stability during governance crises, it also disrupts the democratic mandate by dismissing an elected government. Over time, judicial pronouncements have attempted to curb its misuse to maintain federalism and constitutional balance.

Body

President’s Rule Disrupts the Democratic Mandate:

• Suspension of the Elected Government: When imposed, the state legislature is dissolved or suspended, and the Governor assumes executive control.
  • Example: Bihar Assembly Dissolution (2005) – Declared unconstitutional in Rameshwar Prasad Case (2006) as it prevented the formation of a government.
• Threat to Federalism: Frequent use undermines state autonomy and goes against the principle of cooperative federalism (Seventh Schedule).
  • Example: Arunachal Pradesh (2016) – President’s Rule imposed despite a functioning government, later struck down by the Supreme Court.
• Judicial Safeguards Against Misuse: Courts have ruled that President’s Rule must be based on objective grounds, not political considerations.
  • Example: S. R. Bommai Case (1994) – Established judicial review of Article 356 and stated that President’s Rule cannot be imposed arbitrarily.
• Historical Misuse: Several governments have used it to topple opposition-ruled states, affecting political neutrality.
  • Example: Indira Gandhi’s Government (1966-77) – Invoked Article 356 39 times, dismissing multiple state governments led by opposition parties.

President’s Rule Ensures Constitutional Stability:

• Restores Governance During Political or Administrative Breakdown: If a government collapses or there is lawlessness, President’s Rule ensures continuity of administration.
  • Example: Jammu & Kashmir (2018) – Imposed after the BJP-PDP alliance collapsed to prevent political instability and security threats.
• Prevents Governance Paralysis Due to Corruption or Lawlessness: Ensures governance functions smoothly where corruption or insurgency paralyzes administration.
  • Example: Punjab (1987) – Imposed to restore law and order during the Khalistan insurgency.
• Judicial and Constitutional Oversight: Several commissions have recommended restrictive use of the President's Rule to maintain a balance.
  
  • Example: Sarkaria Commission (1988) – Recommended that Article 356 should be the last resort, and other alternatives should be explored first.

Judicial Interventions and Case Studies:

• Judicial Review as a Safeguard: Courts have overturned arbitrary impositions of President’s Rule, reinforcing constitutional democracy.
  
  • Example: Uttarakhand (2016) – Supreme Court revoked President’s Rule, reinstating the dismissed government and reaffirming judicial oversight.
• Political Instability Leading to President’s Rule: When coalitions collapse, President’s Rule acts as a temporary stabilizer.
  
  • Example: Karnataka (2019) – Imposed briefly due to mass resignations that led to political uncertainty.

Conclusion

President’s Rule is a double-edged sword- it ensures stability in crises but disrupts the democratic mandate when misused. The Sarkaria Commission (1988) recommended its use only as a last resort, emphasizing alternative measures to uphold federalism and democratic governance in India.