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President’s Rule in Delhi

Topics Covered: Indian Constitution- historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

President’s Rule in Delhi:


Context:

AAP MLA Shoaib Iqbal has demanded imposition of President’s Rule in Delhi in view of the massive surge in COVID-19 cases.

What’s the issue?

He said neither him nor the government is able to offer any help to the people affected by the second wave of COVID-19. Therefore, the President’s rule must be imposed.

Observations made by the High Court on the current situation:

  • The Delhi High Court said “the state has failed to protect the right to life of citizens”, while expressing anguish over the death of a COVID-19 patient whose family had been pleading for an ICU bed for the last three days.
  • It said, the state has failed to protect the right to life of people guaranteed under Article 21 of the Constitution.

What is President’s Rule in the Indian context?

Article 356 of the Constitution of India gives the President of India power to suspend state government and impose President’s rule of any state in the country “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’.
  • 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 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:

  1. Imposition of President’s Rule.
  2. Related Provisions.
  3. Report of Governor.
  4. Parliamentary approval and duration.
  5. Revocation.
  6. 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.