Article 356 of the Costitution of India with Case law
🔹 Article 356 of the Constitution of India
Title: Provisions in case of failure of constitutional machinery in States
(Commonly known as President's Rule)
🔸 Text of Article 356 (Simplified)
When the President, on receipt of a report from the Governor of a 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 Constitution, he may:
Assume to himself all or any functions of the State Government,
Declare that the State Legislature's powers shall be exercisable by Parliament,
Make incidental and consequential provisions to give effect to the proclamation.
🔸 Duration of President’s Rule
Initially: 6 months
Can be extended for up to 3 years (with parliamentary approval every 6 months)
Beyond 1 year, extension allowed only if:
National emergency is in operation, or
Election Commission certifies that elections cannot be held
🔸 Purpose of Article 356
To ensure constitutional governance in States and allow the Union to intervene when:
There is a breakdown of law and order
A state government loses majority and no other party can form a government
State acts against the Constitution
But the Article has often been misused for political purposes, leading to several landmark judgments.
🔸 Important Case Laws on Article 356
🧑‍⚖️ S.R. Bommai v. Union of India, AIR 1994 SC 1918
Landmark Judgment
Facts: Several State governments were dismissed under Article 356 by the Centre.
Held:
The Proclamation under Article 356 is subject to judicial review.
President’s satisfaction is not absolute.
Majority of a government must be tested on the floor of the Assembly, not by Governor’s report alone.
Misuse of Article 356 is unconstitutional.
If the proclamation is struck down by the court, dissolved assembly can be revived.
🧑‍⚖️ Rameshwar Prasad v. Union of India, (2006) 2 SCC 1
Facts: Bihar Assembly was dissolved before it could meet.
Held:
Dissolution of an Assembly before the floor test was unconstitutional.
However, since fresh elections had been held, the status quo couldn't be restored.
🧑‍⚖️ State of Rajasthan v. Union of India, AIR 1977 SC 1361
Facts: Centre dismissed Congress-ruled state governments after Janata Party came to power.
Held:
The scope of judicial review is limited.
Courts cannot question the wisdom of the President unless there's mala fide or constitutional violation.
🔸 Historical Instances of President’s Rule
Kerala (1959): First misuse — dismissed Communist government led by EMS Namboodiripad.
Punjab (1987–1992): Longest period under President’s Rule.
Arunachal Pradesh (2016): Dismissal of CM Nabam Tuki's government — later reversed by the Supreme Court.
Uttarakhand (2016): President’s Rule imposed after a revolt in Congress — quashed by Uttarakhand HC.
🔸 Safeguards after S.R. Bommai Judgment
| Safeguard | Description |
|---|---|
| Judicial Review | President's Rule can be challenged in court |
| Floor Test | Majority must be proven on Assembly floor |
| No Political Use | Cannot be used to topple legitimate governments |
| Limited Duration | Maximum of 3 years with strict conditions |
🔸 Criticism of Article 356
Called a "dead letter" because of judicial restrictions post-Bommai.
Accused of being a tool for political vendetta.
Over 100 instances of imposition between 1950 and 1990s.
🔸 Related Constitutional Provisions
| Article | Topic |
|---|---|
| Article 355 | Duty of the Union to protect States |
| Article 356 | Failure of constitutional machinery in a State |
| Article 365 | Effect of failure to comply with directions of Union |
🔸 Conclusion
Article 356 is a powerful but sensitive provision, meant to protect the Constitution, not to override federalism.
Thanks to judicial intervention (especially in Bommai case), its abuse has been significantly curtailed, reinforcing democratic values and federal structure in India.
RELATED Blog
0 comments