What Is Article 356? President’s Rule and State Emergency in India

State Emergency or President’s Rule, also called Governor’s Rule, occurs when a state’s constitutional machinery fails. During this time, the State government cannot function according to the Constitution. The autonomy of the State Government is temporarily suspended. The Central Government assumes direct control through the Governor’s office. This action aims to restore constitutional order, ensure governance continuity, and protect citizen interests.

What Are The Types of Emergencies in India?

India’s Constitution provides for three types of emergencies:

1. National Emergency (Article 352)
2. State Emergency (Article 356)
3. Financial Emergency (Article 360)

What Are The Grounds for Imposition of President’s Rule?

Article 355 imposes a duty on the Centre to protect every state against external aggression and internal disturbance. It ensures the state government functions according to the Constitution.

What Is Article 356?

Article 356 gives the President of India the power to impose President’s Rule in a state. This happens if the President, based on a Governor’s report (or otherwise), believes that the state government cannot function according to the Constitution.
President’s Rule can be proclaimed based on:
1. Article 356 provisions.

2. Article 365 provisions.

Article 356
The President can impose President’s Rule if they are satisfied that the state’s government cannot function constitutionally.

This can be based on the Governor’s report or otherwise.

Article 365
If a state fails to comply with the Centre’s directions, the President may assume that the state’s government cannot be carried on constitutionally.

This empowers the imposition of President’s Rule.

What Is Parliamentary Approval of President’s Rule?

The proclamation must be approved by both Houses of Parliament within two months.
If the Lok Sabha is dissolved during this period without approving it, the proclamation survives for 30 days from the first sitting of the new Lok Sabha, provided Rajya Sabha approves it.

What Is The Duration of President’s Rule?

1. Once approved, the President’s Rule lasts for six months.
2. It can be extended for a maximum of three years with Parliamentary approval every six months.
3. The 44th Constitutional Amendment Act, 1978 added conditions for extending beyond one year.
4. A National Emergency must be in operation across India or in part of the state.
5. The Election Commission of India must certify that elections cannot be held due to difficulties.
6. If Lok Sabha dissolves during the extension period without further approval, the proclamation survives for 30 days after the new Lok Sabha convenes, provided Rajya Sabha approves it meanwhile.

What Is A National Emergency (Article 352)?

Article 352 empowers the President to declare a National Emergency. This can happen if the security of India or any part of it is threatened by war, external aggression, or armed rebellion.
Once declared, the Executive gains vast powers to suspend fundamental rights to manage the crisis.
The proclamation must be laid before both Houses of Parliament and requires approval.
National Emergency is an extraordinary measure, often raising concerns over power misuse and erosion of democracy.
India has declared National Emergency three times:
1962: During the Sino-Indian War (Indo-China War).

1971: During the Indo-Pakistan War.

1975–1977: Due to internal disturbances, leading to the controversial “Emergency” period where civil liberties were suspended.

What Is The Duration and Approval of National Emergency?

1. The President can declare a National Emergency only after a written recommendation from the Union Cabinet.
2. Once declared, Parliament must approve it within one month.
   If the Lok Sabha is not in session or dissolved, the emergency survives for 30 days after its reassembly, provided Rajya Sabha approves.
3. Once approved, it lasts six months and can be extended indefinitely with parliamentary approval every six months.

What Is The Revocation of National Emergency?

The President can revoke the emergency through another proclamation.
Revocation happens if the President feels the grounds no longer exist.
It must also be revoked if the Lok Sabha, by a simple majority, passes a resolution disapproving its continuation.

What Are The Effects of Proclamation of Emergency?

During a National Emergency:
Fundamental Rights under Article 19 are suspended.

Articles 20 and 21 remain protected.
In ADM Jabalpur v. Shivkant Shukla (1976), the Supreme Court held that habeas corpus could not be availed during an emergency.
However, this judgment has now been overruled.

What Is The Implementation Process of President’s Rule?

1. Trigger for Imposition. President’s Rule is triggered by a breakdown of constitutional machinery in a state. This includes political instability, failure to elect a government, or inability to maintain law and order.
2. Governor’s Report. The Governor reports the situation to the President. Alternatively, the President may act if independently satisfied about the state’s condition.
3. Presidential Proclamation. Based on the report or satisfaction, the President issues a proclamation imposing President’s Rule.
4. Parliamentary Approval. The proclamation must receive approval from both Houses of Parliament within two months.
5. Governance During President’s Rule. The Governor governs the state on behalf of the President.
   The Governor acts under the direct supervision of the Central Government.
   Legislation Under President’s Rule. As per Article 357, the President or Parliament can legislate for the state during the period of President’s Rule.

Conclusion

A state emergency is a critical constitutional mechanism designed to protect the integrity of a nation when a state’s governance fails. It allows the central government to intervene and restore order, ensuring the administration continues smoothly. However, frequent or politically motivated use of this provision can weaken federal principles and erode democratic structures. Therefore, while the state emergency is essential for maintaining unity and stability, it must be exercised cautiously, fairly, and only when absolutely necessary to uphold the spirit of the Constitution.