President’s rule

Grounds of imposition

The president’s ruler can be proclaimed under Article 356 on two grounds:

• Article 356 empowers the President to issue a proclamation if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the constitution.
• Article 365 says that whenever a state fails to comply with or to give effect to any direction from the centre, it will be lawful for the President to hold 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.

·         However, if the proclamation of President’s rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of the Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the Lok Sabha after its reconstitution, provided that the Rajya Sabha approves it in the meantime.

Scope of judicial review

The 38^th Amendment act of 1975 made the satisfaction of the President in invoking Article 356 final and conclusive which would not be challenged in any court on any ground.

But this provision was subsequently deleted by the 44^th Amendment Act of 1978 implying that the satisfaction of the President is not beyond judicial review.