Jul 12, 2025
15
mins read
President’s rule (Article 356 of the Indian Constitution) is a constitutional provision that allows the Central Government to assume control of a state’s administration when its constitutional machinery fails. President's rule, also known as state emergency under Article 356 of the Indian Constitution, is invoked during crises such as political instability, a hung assembly, or a breakdown in law and order. Intended to uphold constitutional order and ensure continuity of governance, it has also faced criticism for potential misuse.
President’s rule has been used in India over 134 times since 1950. The first instance of President’s rule occurred in Punjab (1951) and it has been applied in 28 states and UTs. Notably, Manipur and Uttar Pradesh each endured it 10 times, and Jammu & Kashmir holds the record for the longest spell (over 12 years). These statistics underline the President's rule’s significance as both a constitutional safeguard and a recurring emergency tool.
Article 356 (often referred to as the President’s Rule article) is part of the Emergency Provisions (Part XVIII) of the Constitution. It works together with Articles 355–357 and 365. In brief:
Article 355 of the Indian Constitution: Obligates the Union to protect states against internal disturbances and ensure they are governed according to the Constitution. This empowers the Centre to intervene before a breakdown occurs.
Article 356 of the Indian Constitution: Allows the President to assume a state’s governance if “the government of the State cannot be carried on in accordance with the provisions of [the Constitution]”. The President can act on the Governor’s report or on other information.
Article 365 of the Indian Constitution: Declares that if a state fails to comply with Union directions, it is deemed to have provoked a situation warranting Article 356. In practice, a non-compliance under Article 365 can trigger President’s rule.
Article 357 of the Indian Constitution: Empowers the President to legislate for the state (by ordinance or directly) during President’s rule. This ensures laws and the budget can be passed when the state legislature is inactive.
Together, these articles create a constitutional framework: the Centre has a duty (Art. 355) and power (Art. 356) to act, and Parliament can later endorse or extend that action via its legislative authority (Art. 357).
Table of content
President’s Rule is imposed under Article 356 of the Indian Constitution on two primary constitutional grounds. These grounds are outlined in the provisions of Article 356 and in Article 365.
Breakdown of Constitutional Machinery (Article 356): If the President (based on the Governor’s report or other material) is convinced that a state’s government cannot function according to constitutional norms, he may proclaim President’s Rule.
Failure to Follow Union’s Directions (Article 365): If a state government willfully refuses to carry out or comply with any Union directive, Article 365 allows the President to conclude that constitutional governance has failed.
In practical terms, courts and commissions have identified situations warranting President’s Rule, including:
No party secures a majority after elections, and no alternative government can be formed.
A ruling coalition collapses and the Chief Minister cannot prove majority support on the assembly floor.
A state legislature passes a no-confidence motion against the government.
Extraordinary delays in holding elections (e.g. due to natural calamities, epidemic, or war) that cause a governance vacuum.
Each case must involve a genuine constitutional failure (not merely political disagreement). The Supreme Court later emphasized that Article 356 is a conditional power, to be invoked only when other remedies have failed.
A President’s Rule proclamation is temporary until Parliament decides its fate. Key points are:
Parliamentary Sanction: The imposition of the President’s Rule requires approval from Parliament. Once the President issues a proclamation, it must be sanctioned by both Houses of Parliament within two months. If the proclamation on President’s rule is not approved during this period, it ceases to operate.
Initial Duration: Once approved, President’s Rule lasts for 6 months.
Extensions: It can be extended beyond six months, up to a maximum of 3 years, but only with fresh approval by Parliament every six months.
Extended Conditions: The 44th Amendment (1978) limits extensions beyond one year. After 12 months, renewal is allowed only if
(a) a national emergency is in force in the whole of India or the entire state, or (b) the Election Commission certifies that elections cannot be held in the state.Revocation: The President may revoke the proclamation at any time by a subsequent proclamation, without requiring Parliament’s approval. This flexibility lets the central government restore normalcy once the crisis abates.
These checks ensure Parliamentary oversight. For example, if the Lok Sabha is dissolved during the 2-month period, the proclamation can still operate up to 30 days after the new Lok Sabha convenes, provided the Rajya Sabha approves in the interim. Overall, this mechanism balances immediate action with democratic review.
Under President’s Rule(Article 356 of the Indian Constitution) , the state government’s powers shift to the Centre and Governor. The main consequences are:
State Executive: The Council of Ministers (headed by the Chief Minister) is dismissed. The Governor (acting on behalf of the President) assumes executive control, assisted by the Chief Secretary or special advisers. In effect, the President “runs” the state government through the Governor.
State Legislature: The state assembly is either suspended or dissolved. Pending bills or budgets must be passed by Parliament. The President can also promulgate ordinances for the state when Parliament is not in session. If the assembly is dissolved, Parliament (or the President by delegation) acquires the power to legislate for the state. Any laws made (by Parliament or ordinance) remain valid even after President’s Rule ends, unless the state legislature later amends them.
State Judiciary: The state High Courts continue to function normally. President’s Rule does not suspend the provisions of the Constitution relating to the High Courts. The courts retain their jurisdiction and can review executive actions, including those taken under President’s Rule.
In summary, the President effectively steps into the shoes of the state government, while Parliament takes over the legislature’s role. These measures ensure continuity in administration (e.g. law-making, budgets) but replace the elected state leadership with centrally appointed authority.
President’s Rule in India: Key Statistics (1950–2025)
Aspect | Details |
Total Instances | President’s Rule has been imposed 134 times across 29 States and Union Territories since 1950. |
Constitutional Basis | Implemented under Article 356 of the Indian Constitution, triggered by Article 365 in cases of non-compliance with Union directives. |
First Instance | Punjab (1951) – First State where President’s Rule in India was declared due to constitutional machinery failure. |
Most Frequent Use | - Manipur – 10 times - Uttar Pradesh – 10 times (Indicates recurring political instability in both states) |
Longest President’s Rule (Cumulatively) | - Jammu & Kashmir – Over 12 years (4,668 days) due to separatist issues and national security concerns. |
Other Long Durations | - Punjab (during 1980s militancy) – 3,878 days (over 10 years) - Puducherry – 2,739 days (over 7 years) |
Governance Role During Rule | The President, under State emergency Article 356, assumes control through the Governor; State Legislature may be dissolved. |
Judicial & Parliamentary Oversight | Requires parliamentary approval within 2 months and is subject to judicial review as per key SC judgments like S.R. Bommai (1994). |
Aspect | National Emergency (Article 352) | President’s Rule (Article 356) |
Grounds for Imposition | When India’s security is threatened by war, external aggression, or armed rebellion. Can be imposed over the entire country or parts thereof. | When the constitutional machinery in a state breaks down, i.e., the state cannot be run per the provisions of the Constitution. |
Triggering Authority | Declared by the President on written advice of the Union Cabinet. | Declared by the President on a report of the Governor of the concerned state or otherwise. |
Effect on State Government | State governments may continue, but the Union assumes overriding powers to legislate and issue executive directions. | The state government is dismissed. The President (via Governor) directly administers the state. The state legislature is either suspended or dissolved. |
Legislative Powers | Parliament gains power to make laws on State List subjects; does not delegate its legislative powers. | Parliament may delegate legislative powers to the President, who can authorize the Governor to legislate via ordinances. |
Duration | Initially for 1 month, then 6 months at a time with Parliamentary approval; can be extended indefinitely. | Valid for 6 months at a time; maximum 3 years, with two 1-year extensions under strict conditions (e.g., National Emergency, EC certification of election difficulty). |
Effect on Centre-State Relations | Alters Centre’s relations with all states. It centralizes powers, making India temporarily a unitary state. | Alters Centre’s relation only with the specific state where President’s Rule is imposed. |
Parliamentary Approval | Must be approved by both Houses within 1 month; extension needs special majority (as in Constitutional Amendment). | Must be approved by both Houses within 2 months; extension needs a simple majority. |
Impact on Fundamental Rights | Certain Fundamental Rights (Article 19) may be suspended; enforcement of others like Article 20 & 21 can also be restricted. | No effect on Fundamental Rights of citizens. |
Judicial Review | Can be challenged in court if mala fide or based on irrelevant grounds (Minerva Mills case). | Can be challenged (S.R. Bommai case), courts can reinstate dissolved state governments if Rule imposed arbitrarily. |
Revocation Process | Can be revoked by the President at any time; or by a simple Lok Sabha majority resolution. | Revoked by the President; no requirement for parliamentary resolution. |
Historical Use | Imposed 3 times: 1962 (China war), 1971 (Pakistan war), 1975 (Internal Emergency). | Used over 100 times in various states; most controversially in 1977, 1980, and 1992. |
Constitutional Safeguards | 44th Amendment (1978) made it harder: written Cabinet advice needed; Article 19 rights not suspended during external aggression. | S.R. Bommai judgment introduced strict judicial review and limits on arbitrary use. |
To understand the National Emergency in-depth, please refer to this Blog on 50 years of National Emergency
Commissions and constitutional amendments have suggested checks on Article 356 to prevent abuse:
Sarkaria Commission (1988): Recommended that President’s Rule be a measure of last resort, invoked only after all other options (e.g. Article 355) fail. The Centre should warn the state government and seek a solution before imposing Article 356. Sarkaria also noted the importance of respecting the elected government’s mandate (so long as it holds a majority).
Punchhi Commission (2007): Proposed a localized approach. Instead of imposing PR across an entire state, it suggested declaring an emergency in specific areas or districts that are in crisis. The aim is to avoid dissolving an entire legislature for a regional problem. Punchhi also urged that Article 355 be fully used before invoking 356.
NCRWC (2002): The National Commission to Review Working of Constitution made detailed suggestions. It urged that Article 356 be used sparingly, after exhausting all alternatives like state directives. Governor’s reports recommending PR should be “speaking documents” with clear facts. It also supported Bommai’s spirit: confidence should be tested on the assembly floor and assemblies should not be dissolved without Parliament’s approval.
Constitutional Amendments: The 44th Amendment (1978) itself was a safeguard, making the President's satisfaction subject to judicial review (reversing the 38th Amendment). It also restricted extensions of PR beyond one year.
These measures emphasize due process. For example, requiring a detailed Governor’s report and a legislative floor-test ensures transparency and fairness before toppling a state government. In UPSC terms, the Sarkaria and Punchhi recommendations are often expected in mains answers on emergency provisions, illustrating best practices to balance state autonomy with national stability.
Despite safeguards, President’s Rule has been criticized on several grounds:
Potential for Misuse: History shows Article 356 has sometimes been used for political ends (e.g. to dismiss opposition-led governments). Critics point out that the lack of precise criteria means it can be invoked arbitrarily. Ambedkar warned that this “drastic power” should remain a dead letter, highlighting the danger of misuse.
Undermining Federalism: Imposing President’s Rule can violate federal principles by letting the Centre override an elected state government. Critics argue it centralizes power, weakening states’ autonomy. For instance, Vajiram notes its frequent use (over 125 times by 2019) has often been seen as centralization at the expense of true federalism.
Disruption of Democracy: Suspending or dissolving a state assembly temporarily sidelines elected representatives. While meant to restore order, it interrupts the democratic process, and extended PR can stall local development. Critics note that long periods under President’s Rule create uncertainty and delay policy initiatives.
Ambiguity in Constitutional Language: The term “failure of constitutional machinery” is not well-defined, leaving room for subjective interpretation. This ambiguity has led to divergent opinions on what situations truly qualify. Commission reports and courts have sought clearer definitions (e.g. requiring internal disturbances) to limit ambiguity.
In UPSC discussions, it is important to balance these criticisms with the provision’s intent. Answers should note that while PR is a vital emergency tool, reforms (judicial and institutional) have been recommended to prevent its excesses.
Q. Which of the following are not necessarily the consequences of the proclamation of the President’s Rule in a State? (Prelims , 2017)
Dissolution of the State Legislative Assembly
Removal of the Council of Ministers in the State
Dissolution of the local bodies
Select the correct answer using the code below:
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2 and 3
Correct answer: (b)
Q. Though the federal principle is dominant in our constitution and that principle is one of its basic features, it is equally true that federalism under the Indian Constitution leans in favour of a strong Center, a feature that militates against the concept of strong federalism. Discuss. (2014)
Q. What is the President's Rule in India?
A. President’s Rule (Article 356 of the Indian Constitution) is a state-level emergency provision. It allows the President to take over a state’s administration if its government fails to function per constitutional norms. During President’s Rule, the Governor (on behalf of the President) runs the state, and the state assembly may be suspended or dissolved.
Q. How many times has President's Rule been imposed in India?
A. Since 1950, President's Rule has been imposed in India 134 times across 29 states and Union Territories. Manipur and Uttar Pradesh have experienced it most frequently.
Q. Under which constitutional articles is the President's Rule imposed?
A. President’s Rule is primarily under Article 356 (failure of constitutional machinery in a state). It is supported by Article 365, which addresses a state’s failure to comply with Union directives, often leading to invocation of Article 356. Articles 355 (Union’s duty to protect states) and 357 (legislative powers during proclamation) are also relevant to its application.
Q. How long can President’s Rule last in a state?
A. Once imposed and approved by Parliament, President’s Rule lasts for 6 months. It can be extended every six months up to a total of 3 years with continued legislative approval. Extensions beyond one year require either a national emergency in force or a certification from the Election Commission that elections cannot be held. If Parliament fails to approve a proclamation within two months, the President’s Rule lapses.
Q. What conditions must exist for the President's Rule to be declared?
A. President’s Rule can be proclaimed only when there is a genuine breakdown of constitutional governance in the state. This includes situations like no party being able to form a government, a ruling coalition losing its majority, or severe internal disturbances. Alternatively, if a state refuses to follow Union directives (Article 365), the President can conclude a breakdown and impose rule.
Q. How does the President's Rule differ from a National Emergency?
A. President’s Rule is a state emergency under Article 356, triggered by a state’s failure. In contrast, a National Emergency (Article 352) applies to the whole country (e.g. war or external aggression). Under a National Emergency, the Centre assumes greater powers nationwide, but state governments generally continue unless a concurrent national emergency triggers extensions of President’s Rule.
Article 356 (President’s Rule) is a double-edged sword. It provides the Union government with necessary authority to address genuine governance breakdowns, but also carries risks to federalism and democracy. As Dr. B.R. Ambedkar hoped it should ideally be a “dead letter” – invoked only in exceptional cases. The Supreme Court and various commissions have worked to embed safeguards: judicial review, floor-tests, detailed reporting, and clear usage guidelines. In modern India, judicious application of President’s Rule – with strong parliamentary oversight and prompt return to elected government – is essential to preserve constitutional order without undermining state autonomy.
Internal Linking Suggestions
How to Begin Your UPSC Preparation : The Ultimate Guide For Beginners
UPSC Previous Year Question Papers with Answers PDF - Prelims & Mains (2014-2024)
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External Linking Suggestions
UPSC Official Website – Syllabus & Notification: https://upsc.gov.in/
Press Information Bureau – Government Announcements: https://pib.gov.in/
NCERT Official Website – Standard Books for UPSC: https://ncert.nic.in
