President's rule

If the President, on the Governor's report or otherwise, is satisfied that the government of a State cannot be carried on in accordance with the Constitution, he may by proclamation assume the State's executive functions and declare that the State Legislature's powers will be exercised by Parliament. Article 365 adds that failure to comply with Union directions may be treated as such a breakdown.

The proclamation must be approved by both Houses within two months and lasts six months at a time, up to three years, with conditions for extension beyond one year. S.R. Bommai held that the proclamation is subject to judicial review, the Assembly should not be dissolved before parliamentary approval, a floor test is the proper way to test majority, and secularism is a basic feature.

Example

Following Bommai, a Governor's report that the ministry has lost its majority must normally be tested on the floor of the House before President's rule is imposed.

In Indian law

• Articles 356 and 365, Constitution of India
• S.R. Bommai v. Union of India, 1994 INSC 111: Article 356 proclamations are open to judicial review

See also

emergency · federalism · judicial review

Read more in the study notes

• Constitution: meaning, kinds and constitutionalism (Constitutional Law I)
• Salient features of the Indian Constitution (Constitutional Law I)
• Judicial review (Constitutional Law I)
• Articles 25 to 28: freedom of religion and secularism (Constitutional Law I)
• Federalism: the nature of the Indian federation (Constitutional Law II)
• Centre-State legislative relations (Constitutional Law II)