Topics Covered: Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure, devolution of powers and finances up to local levels and challenges therein.
Supreme Court rejects plea for imposition of President’s rule in Uttar Pradesh:
Context:
The Supreme Court has dismissed a PIL that sought imposition of President’s rule in Uttar Pradesh for alleged breakdown of constitutional machinery and rising crime in the state.
What did the court say?
The court warned the petitioner-advocate of imposing cost on him and questioned him about the research of crime records of other states.
Background:
- The petitioner alleged that unlawful and arbitrary killings including extrajudicial killings are being perpetrated by police in Uttar Pradesh.
- He alleged that situation has arisen in the state in which the government of Uttar Pradesh cannot be allowed to carry on in accordance with the provisions of the Constitution.
As Per National Crime Record Bureau’s Crime in India 2019 report:
Uttar Pradesh recorded the highest number of crimes against women. India reported 4,05,861 cases in 2019 and of these, Uttar Pradesh had 59,853 such incidents.
What is the President’s Rule?
Article 356 of the Constitution of India gives the President of India the power to suspend state government and impose President’s rule of any state in the country if “if he 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”.
It is also known as ‘State Emergency’ or ‘Constitutional Emergency’.
Implications:
Upon the imposition of this rule, there would be no Council of Ministers.
- The state will fall under the direct control of the Union government, and the Governor will continue to be the head the proceedings, representing the President of India.
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.
Report of the Governor:
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.
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.
InstaLinks:
Prelims Link:
- Imposition of President’s Rule.
- Related Provisions.
- Report of Governor.
- Parliamentary approval and duration.
- Revocation.
- What happens to the State legislature Under President’s Rule.
Mains Link:
What is President’s Rule? Why it is controversial? Discuss.
Sources: the Hindu.
