What is Presidential Rule (Article 356)? Know its Process, Provisions, History & Judicial Interpretations

Recently, the Ministry of the Interior officially announced the implementation of presidential rule in Manipur on February 13, 2025. The decision comes after the recent resignation of Chief Minister Biren Singh, who submitted a letter of resignation to the state’s governor. Manipur, a northeastern India, has been struggling to deal with ongoing violence for the past five months. The conflict broke out in May 2023, involving racial tensions between Met and Kukizo communities.

The announcement issued by the President of India: “And I, President of India, received a report from the Governor of Manipur State, after considering the reports and other information I received, I am satisfied with the situation. The state government cannot Government carried out in accordance with the provisions of the Indian Constitution”

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Why did Biren Singh resign from Manipur CM?

With the resignation of Chief Minister N. Biren Singh, a significant shift in the political landscape of Manipur has taken place. His decision to resign was amid the long-term racial unrest, with the pressure from the opposition increasing.

Upcoming legislative development in Manipur

As the political unrest extends, the governor of Manipur state has arranged a rally, which will begin on February 10, 2025. But with Singh resigning, the state now faces a period of uncertainty about its governance structure.

What is Manipur facing?

After Chief Minister N. Biren Singh resigned, the governor of Manipur State legislated the president’s rule under Article 356 of the Constitution. The president’s rule was initially executed for six months, but every six months of parliamentary approval could be extended for three years. However, extending it for more than one year requires other conditions to be met.

Emergency provisions of the Indian Constitution

In the Indian Constitution, emergency provisions are mentioned in Part 17. These regulations can be divided into three different types:

1. National Emergency Regulations – which include Articles 352, 353, 354, 358 and 359, which dominates the declaration and implementation of national emergency situations under special circumstances.
2. Presidential domination in the states – Articles 355, 356 and 357 deal with situations in which the presidential domination may be imposed within the state due to failure of governance or threats to national integrity.
3. Financial Emergency – Article 360 ​​particularly concerns financial crises that may endanger the economic stability of the country, allowing the central government to exercise greater control over financial affairs.

These provisions enable the central government to take the necessary actions in critical situations to uphold the Constitution and maintain the stability of the country.

What are the rules of the president?

The Presidential Rules refer to the constitutional provisions under Article 356, which enables the central government to directly control the state government if the state government cannot operate through the constitutional provisions.

Article 356: The President’s Rule

Article 356 of the Indian Constitution is titled “Provisions in the event of mechanical failure of the constitutions of the states”. However, the article itself does not explicitly mention the term “failure of the constitutional mechanism”. Instead, it uses a language similar to Article 355, pointing out that the President has the right to act if the state government cannot function as the constitutional provisions.

If the President determines that such a crisis has occurred upon receiving a report from the governor or based on other opinions, he may issue an announcement and take any or all of the following measures:

1. Assume executive powers – The president can take over some or all functions of the state government and the power of the governor or any power within the state, except for the legislature.
2. Controlling legislative powers – The president can authorize parliament to exercise legislative powers in the state.
3. Other necessary provisions – The President may introduce incidental or corresponding measures required to implement the declaration, including the suspension of specific constitutional provisions relating to state institutions or authorities.

limit

The President’s power does not extend to the judicial functions of the High Court or suspend any constitutional provisions regarding the High Court.

This provision enables the central government to step in during a state’s governance crisis to ensure the maintenance of constitutional order.

Facts under the Constitution stipulated in Article 356

aspect	detail
Legal basis	Article 356 of the Indian Constitution
trigger	The governor reported to the president that the state government cannot operate as constitutional.
Influence	The state legislature was suspended and the government was taken over by the center.
period	It initially lasts for 6 months and can be extended for up to 3 years with parliamentary approval.
exception	The functions of the High Court remain unaffected.

The process of imposing presidential rule

1. Governor’s report: Governor sent a report to the president in a way that failed governance.
2. The President declares: The President, if satisfied, issues a declaration of core core rule.
3. Parliamentary approval: The declaration must be approved by both houses within two months.
4. Extension: Can be extended for up to 3 years, but after one year, it requires:

• The state’s national emergency statement or
• The Election Commission proves that state elections cannot be held.

Historical examples of the rule of the Indian president

Since the adoption of the Constitution in 1950, the president’s rule has been imposed 134 times in various states and trade union territories.

Status/UT	See more : Optical Illusion Challenge: Spot the Kangaroo in this picture within 12 seconds if you have hawk eyes Number of times applied
Manipur	10
Uttar Pradesh	10
Jamuk and Kashmir	More than 12 years under the president’s rule
Punjab	The president has ruled for more than 10 years
Puducherry	The president has ruled for more than 7 years

Famous presidential rule case

• Jamu and Kashmir (over 12 years): due to separatist movement and security issues.
• Punjab (over 10 years): rebellion and instability.
• Puducherry (over 7): Due to the frequent collapse of the government due to defection and internal disputes.
• Puducherry (2021): The Congress-led administration imposed after losing confidence in the vote.

Judicial Interpretation: SR Bommai Case (1994)

One of the most important rulings on presidential domination is SR Bommai v. Union of India (1994). The Supreme Court has developed key guidelines to prevent abuse of Article 356.

Key criteria for Bommai’s judgment

• Judicial Review: Courts can review the President’s rules on valid reasons.
• Validity of the material: The court can check whether the governor’s report justifies the expropriation.
• Legislative suspension: The state legislature was suspended, but the government did not dissolve immediately.
• Parliamentary Approval: If the two houses do not approve the declaration within two months, they will no longer operate.
• Center Relations: The Supreme Court stressed that states are more than just “attachments” to the center.

Judge BP Jeevan Reddy’s observation

• The center cannot arbitrarily impose the president’s rule.
• The court must protect the rights and powers of the states.
• If the Center’s decision is found to be unconstitutional or malicious, judicial intervention can be conducted.

The use of presidential rules has declined

After Bommai’s judgment, the imposition of presidential rule was greatly reduced due to judicial review and political awareness of constitutional restrictions.

in conclusion

Imposing presidential rule under Article 356 is a constitutional guarantee for resolving the governance crisis of states. Although it ensures stability, its historical abuse has led to judicial review, especially in the SR Bommai case (1994), which established restrictions on its arbitrary application. After 1994, its use declined, strengthening India’s federal structure. The recent emphasis on the ongoing challenges in maintaining constitutional governance amid political and racial unrest, highlighting the need for responsible state administration and central state cooperation.

Source: https://dinhtienhoang.edu.vn
Category: Optical Illusion