1.

Introduction

The Indian Constitution is a Constitution sui generis. On one hand, the Constitution contains
features which are of high importance for a federal arrangement, at the same time it contains
provisions which fight for a strong Centre, thus making it quasifederal in nature. The fact to be
appreciated here is that these dual Federalism provisions were deliberately incorporated to best
fit a linguist country like India. In normal times the Union and State Governments duly elected
by the people re supreme in their respective spheres. Sometimes a Government may come into
power with overwhelming majority in the Parliament or in the legislature but because of some
internal squabbling the majority party may be reduced to a minority and thereby it may not be in
a position to run the Government. Sometimes it may be due to fractured verdict of the people
wherein no single party is in a position to form a stable Government.

The post of Governor occupies a prominent position in Indian federal system. He is regarded as a
federal officer, who plays a key role in managing Centre-state relations. He acts as a channel of
communication. But over the last three decades, tensions in Centre state relations have more
often than not, been in some way or the other linked to the office of the Governor. But when
India with one party dominant system was subverted to a multi-party system with the non-
Congress governments, coming to power in several states. A serious confrontation started
between the centre and states on the issue of selection of Governors.1

The most striking and controversial Article is 356 of Indian Constitution, which became a
weapon to the ruling parties at the Centre, to establish their own choice of Government in the
States by toppling the existing government by using Article 356. Generally, President of India
does not have any emergency power except the breakdown of Constitutional machinery in
aState.1 In the case of a breakdown of Constitutional machinery in a state,Article 356 is a unique
and extraordinary provision of the Constitution of India. The power contained in this Article is
both extraordinary and arbitrary.2

1
NAGESWARARAO AIENAPARTHI available at:
https://shodhganga.inflibnet.ac.in/bitstream/10603/466287/4/04_chapter%201.pdf.
2
Ibid.

1
2. Types of Emergencies:

1) National Emergency: Article 352 deals with National emergency. This kind of emergency
arises when there is a threat to National security due to external aggression, war and armed
rebellion. India has witnessed a National emergency thrice. Twice being due to war and the third
time in 1975, when Prime Minister Indira Gandhi had declared an emergency as her candidature
was declared invalid in Indira Gandhi vs Shri Raj Narain and Anr3.

2) State Emergency: Article 356 deals with State Emergency. State Emergency is also called as
President rule. Article 356 empowers the President to impose President rule in a state, if he is
satisfied with the report from the governor of the state or ‘otherwise’ the effect that ‘the
Government of the State cannot be carried on with accordance with the provisions of the
Constitution’.

3) Financial Emergency: Financial Emergency is dealt with in Article 360 of The Constitution
of India. This kind of emergency can be imposed by the President when the financial stability or
credit situation of the country is threatened, however the constitution does not lay any basis for
imposition of financial emergency. This decision can be challenged in the court. The clauses of
financial emergency were inspired by the ‘National Recovery Act 1933’ of the United States.
However, till now India has never seen Financial Emergency.4

Historical background regarding the imposition of President’s rule under Article 356 of the
Constitution The authors of our Constitution were well aware that, in a country as diverse as
India, marked by significant socio-economic disparities and a vast population, the security of the
nation and the stability of its political system couldn't be taken for granted and might go beyond
the capabilities of individual states. The origin of Article 356 can be traced back to Section 93 of
the Government of India Act, 1935.This section empowered the Governor to assume, through a
proclamation, any or all of the powers vested in or exercisable by any provisional body or
authority if they believed that the government of a province couldn't function in accordance with
the Act's provisions.

3
AIR 1975 SC 2299.
4
Vivek Tiwari, Financial Emergency- Article 360 of Indian Constitution, Blog last visited on 15-03-2024
https://blog.finology.in/economy/the-financial-emergency.

2
Notably, the words "or otherwise" in Article 356(1) were not part of the original Article 188 in
the initial draft of the Constitution, but they were later added through an amendment to Article
277-A. This addition was made despite objections from members of the Constituent Assembly
who expressed concerns that it could potentially lead to misuse

2.Historical background regarding the imposition of President’s rule under

Article 356 of the Constitution

The authors of our Constitution were well aware that, in a country as diverse as India, marked
by significant socio-economic disparities and a vast population, the security of the nation and the
stability of its political system couldn't be taken for granted and might go beyond the capabilities
of individual states. The origin of Article 356 can be traced back to Section 93 of the
Government of India Act, 1935.This section empowered the Governor to assume, through a
proclamation, any or all of the powers vested in or exercisable by any provisional body or
authority if they believed that the government of a province couldn't function in accordance with
the Act's provisions. Notably, the words "or otherwise" in Article 356(1) were not part of the
original Article 188 in the initial draft of the Constitution, but they were later added through an
amendment to Article 277-A. This addition was made despite objections from members of the
Constituent Assembly who expressed concerns that it could potentially lead to misuse Dr.
Ambedkar had assumed that Article 356 of the Indian Constitution would not be used frequently
and would just remain a dead letter, however the number of times it has been used improperly by
the Centre, proves him wrong5.

DRAFT ART 278 (NOW ART 356)6 The President has the power to establish “President's
Rule” under the above headed Art, if the President is determined that a State Govt isn’t able to
carry on its affairs or business in line with the Constitution's measures, whether on the
recommendations of the Report provided by the Governor or otherwise.

5
https://shodhganga.inflibnet.ac.in:8443/jspui/bitstream/10603/409673/9/09_%20chapter%202.pdf.
6
Ibid.

3
3. State Emergency Article 356 of the Indian Constitution

Since in the present research work, relates to State Emergency/ President’s Rule, the following
Articles of the Constitution deserve a mention as follows:

355.DUTY OF THE UNION TO PROTECT STATES AGAINST EXTERNAL

AGGRESSION AND INTERNAL DISTURBANCE - It shall be the duty of the Union to
protect every State against external aggression and internal disturbance and to ensure that the
government of every State is carried on in accordance with the provisions of this Constitution.It
deals with State emergency or ‘President’s Rule’. This type of emergency imposed when the
Constitutional machinery of the State collapses and the State is unable to function in accordance
with the Constitutional provisions. If the President is satisfied with the report from the Governor
of that particular State only then a State emergency can be imposed.

356: Provisions in case of failure of constitutional machinery in State7:

(1) If the President, on receipt of report from the Governor of the 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 provisions of this Constitution, the President may by Proclamation-

(a) assume to himself all or any of the functions of the Government of the State and all or any of
the powers vested in or exercisable by the Governor or anybody or authority in the State other
than the Legislature of the State;

(b) declare that the powers of the Legislature of the State shall be exercisable by or under the
authority of Parliament;

(c) make such incidental and consequential provisions as appear to the President to be necessary
or desirable for giving effect to the objects of the Proclamation, including provisions for
suspending in whole or in part the operation of any provisions of this Constitution relating to any
body or authority in the State:

7
The Constitution of India Act,1950.

4
 Provided that nothing in this clause shall authorise the President to assume to himself any of
the powers vested in or exercisable by a High Court, or to suspend in whole or in part the
operation of any provision of this Constitution relating to High Courts.

(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.

(3) Very Proclamation under this article shall be laid before each house of Parliament and shall,
except where it is a Proclamation revoking a previous Proclamation, cease to operate at the
expiration of two months unless before the expiration of that period it has been approved by
resolutions of both Houses of Parliament.

 The Proclamation shall cease to operate at the expiration of thirty days .

 A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a
period of six months from the date of issue of the Proclamation.

(5) Notwithstanding anything contained in clause (4), a resolution with respect to the
continuance in force of a Proclamation approved under clause (3) for any period beyond the
expiration of one year from the date of issue of such proclamation shall not be passed by either
House of Parliament unless-

(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in
the whole or any part of the State, at the time of the passing of such resolution, and

(b)the Election Commission certifies that the continuance in force of the Proclamation approved
under clause (3) during the period specified in such resolution is necessary on account of
difficulties in holding general elections to the Legislative Assembly of the State concerned.

State Emergency can be imposed on the following grounds:

1. When the coalition Government of the State collapses.

2. When the State Legislature fails to elect a Chief Minister.

3. If there is a postponement of State Elections due to any reason.

4. When law and order are not followed in the State.

5
Effects of imposing State Emergency8:

 The State Legislative Assembly is either dissolved or suspended.

 This type of emergency can be imposed for three months

 The Fundamental rights of the people remain unaffected.

 President proclaims ordinances in the State.

 President has full power over the executive of the State.

However, in the case of, S. R. Bommai V. Union of India 9 it was held that the President has
limited power under Article 356. Even If both the houses pass the declaration Supreme Court has
the power to declare the emergency void.

4. Presidential Rule & Indian Federal Character

It needs to be remembered that only the spirit of “co-operative federalism” can preserve the
balance between the Union and the States and promote the good of the people and not an attitude
of dominance or superiority. Dr. Babasaheb Ambedkar, who chaired the Drafting Committee of
the Constituent Assembly, stressed the importance of describing India as a ‘Union of States’
rather than a ‘Federation of States’. He said: “... what is important is that the use of the word
‘Union’ is deliberate...” Though the country and the people may be divided into different States
for convenience of administration, the country is one integral whole, its people a single people
living under a single imperium derived from a single source.10
The term federalism has not been expressly mentioned in the Constitution of India. Hence,
according to the Indian Constitution, the Indian Union is not expressly a federation. However,
there are numerous articles and parts of the Indian Constitution that mention federalism in the
Union of India.11

8
Malika Chhikara, Three Types of Emergencies Under the Indian Constitution, Legal Services India , Last Visited
on 15-03-2024, http://www.legalservicesindia.com/article/1834/Three-types-of-emergencies-under-the-Indian-
Constitution.html
9
A.I.R.1977 S.C1361.
10
Supra8.

6
According to Article 356 of the Constitution of India, the Union has the power to take over the
government of any state in case of failure or breakdown of constitutional machinery in a state.
This article is also known as ‘President’s Rule’.
As per the Article, 2 grounds are mentioned on which President’s rule can be proclaimed –
1. Article 356 authorises the President to issue a declaration if he believes that a scenario has
arisen wherein a state’s government cannot be carried out in full compliance with the
provisions of the constitution.
2. According to Article 365, when a state refuses to comply with or abide by any direction from
the centre, the President may declare that a condition has arisen in which the state’s
government cannot be executed in accordance with the provisions of the constitution.
 The impact on federal Character: The federal system is discarded, and the Central gains all
the powers.
 President’s rule makes the President the supreme power, which is equivalent to him being a
dictator.
 Fundamental Rights’ existence ceases, and they become meaningless.
 State powers become null and void.

The Sarkaria Commission Report,1987: As mentioned previously, in spite of the safeguards detailed in
Article 356, the Central government invoked this article on numerous occasions because of uncertainties
in its language. It was only in 1987, with the submission of the Sarkaria Commission's report, that some
of the uncertainty surrounding Article 356 became clearer.

Article 356 can be invoked only in the event of political crisis, internal subversion, or physical
breakdownA humorous state must be explained before invoking it.The Governor's report must be a
"speaking document".The Governor of a state should be outside of the state.His tenure of office must be
guaranteed.He should be appointed in consultation with the CM of the state, Vice-President of India, and
the Speaker of the Lok Sabha On the recommendation of the commission, the Interstate Council was
established in 1990.

5. Judicial Trend

11
https://www.shobhituniversity.ac.in/pdf/econtent/Brief-Overview-on-Emergency-Provisions-under-Indian-
Constitution-Dr-Mohd-Imran.pdf.

7
1.In State of Rajasthan v. Union of India:12
Here, Article 356 was invoked, and the State Assemblies of 9 States, i.e., of Rajasthan, Uttar
Pradesh, Madhya Pradesh, Punjab, Bihar, Himachal Pradesh, Orissa, West Bengal, and Haryana,
were dissolved, and President Rule was imposed on the grounds that these State Assemblies no
longer represented the wishes of the electorate.

When the validity of the directives issued by the Union Home Minister to the Chief Ministers to
dissolve their assemblies and seek a fresh mandate was challenged, the Supreme Court
unanimously held that the Centre’s action of dissolving the Assemblies under Article 356 was
constitutionally valid and also held the ‘satisfaction’ of the President under Article 356 as
unquestionable.

2. S.R. Bommai vs. Union of India 13: This landmark judgement brought Article 356 under the
preview of judicial review. The power to impose President’s rule and thus establish overriding
powers on an elected state government was challenged through this judgment. The Supreme
Court had to discuss the grounds and the extent of the imposition of President’s rule in a State.
Questions were also raised whether the imposition of President’s rule is challengeable. The
following procedure was established through this case: Power of the President to dismiss the
state government is not absolute.

3.Naga People’s Movement of Human Rights v. Union of India14 The Apex Court further
observed that the provisions of the Armed Forces (Special Powers) Act, 1958 were enacted to
empower the union to discharge its duty in accordance with Article 355 of the Constitution of
India. This will prevent the declaration of state emergency under Article 356 by protecting the
states from the escalation of situations that are grave in nature such as the breakdown of
constitutional machinery or internal disturbances.

4. Case of AP High Court: December 2020

12
AIR 1977 SC 1361.
13
AIR1994 2 SCR 644.
14
AIR 1998 SUPREME COURT 431.

8
15
: The court declared the President’s Proclamation of dissolving the state Assembly
unconstitutional. However, the court decided not to reinstate the Assembly due to the upcoming
elections.

5. Case of AP High Court: December 2020

The Supreme Court has stayed an Andhra Pradesh High Court order intending to embark on a
judicial enquiry into whether there is a constitutional breakdown in the State machinery under
the Jagan Mohan Reddy government, requiring a declaration of President’s rule.

 H.M. Seervai has argued that the powers conferred by Art. 356 “have been gravely
abused” and that to prevent or minimize such misuse and abuse, constitutional amendments
would be necessary and would inevitably have to be made at some point.16
 Through the 38th Constitutional Amendment Act of 1975, the Parliament made the
satisfaction of the President in invoking Article 356 as final, which cannot be challenged in
court. However, this conduct was removed by the 44th Constitutional Amendment Act of
1978, which made such satisfaction of the President open for judicial review17.
 Former Prime Minister Indira Gandhi used Article 356 for 27 times to remove majority
governments on the ground of political stability, absence of clear mandate or withdrawal of
support, etc.
 In 1977, the Janata government removed nine state Congress governments, when they
formed the government for the first time.
 Manipur witnessed the most frequent application of Article 356 due to the deeply
fragmented internal politics of the state, as well as long periods of violence.

6. Imposition of President’s Rule since 2014 18

15
1980 SCR (1) 456.
16
H.M. Seervai, Constitutional Law of India, vol.1 (Universal Law Publishing, 2014) 294.
17
https://www.researchpublish.com/upload/book/The%20Power%20of%20Judicial%20Review-2189.pdf
18
President’s rule under Article 356 of the Indian Constitution available on
https://blog.ipleaders.in/presidents-rule-under-article-356-of-the-indian-constitution/.

9
 Imposition of President Rule in Arunachal Pradesh in 2016: In 2016, political instability
arises in Arunachal Pradesh when 20 MLAs of the ruling congress joined hands with BJP
and two independent MLA and rebelled against chief minister Nabam Tuki. These MLA
communicated their wish to form a government in the state before the governor and governor
without informing the chief minister advanced the assembly session and listed the removal of
speaker of the legislative assembly. Subsequently, the speaker disqualified those 20 MLAs
on the grounds of defection. However, Gauhati HC has stayed disqualified. The rebel of 20
MLAs is an intra-party issue and is a case of defection and not a case of failure of
Constitutional machinery.
 Uttarakhand Political Crisis and President Rule: In 2016, Uttarakhand was ruled by CM
Harish Rawat led the Congress party. The problem was initiated in the state during the debate
regarding the budget in the legislative assembly when 9 MLAs rebelled against the party and
joined hands with BJP. Due to this, the majority of Congress-led Rawat was challenged and
concerning the same, governor KK Paul has invited CM Rawat to prove his majority at the
floor test. Before, floor test, President Pranab Mukherjee has imposed President rule in the
state on the advice of the cabinet citing the reason for Constitutional machinery. The duly
elected government was dismissed and assembly was suspended.

 President rule in Capital Delhi after the Resignation of CM: Kejriwal along with his
council of ministers resigned from the post of CM due to the failure of his government to
pass the Lokpal Bill in the house to battle corruption.

 Political Crisis in Maharashtra and President Rule: The Supreme Court on Wednesday
observed that a floor test of a government cannot be called merely on the ground of
differences between MLAs of a ruling party as it can topple an elected government. The top
court added that the governor of a state cannot lend his office to effectuate a particular result.
Making an observation, a 5-judge bench of the Supreme Court said, "It will be a sad
spectacle for democracy," while taking forward the hearing on the events that unfolded
during the June 2022 Maharashtra political crisis when over 35 MLAs of the Shiv Sena broke
away from Uddhav Thackeray and supported Eknath Shinde camp, leading to the collapse of
the Maha Vikas Aghadi (MVA) government.

10
 Haryana floor test: Haryana Chief Minister Nayab Singh Saini on Wednesday praised his
predecessor Manohar Lal Khattar in the state assembly for the works undertaken during his
nine-year long tenure in the state. Saini earlier moved a motion to seek a vote of confidence
during the special session of the state assembly.

How can the Governor Call for a Floor Test? Also known as Trust Vote,

1. Article 17419 of the Constitution authorizes the Governor to summon, dissolve and prorogue
the state legislative assembly.
2. Article 174(2)(b) of the Constitution gives powers to the Governor to dissolve the Assembly
on the aid and advice of the cabinet. However, the Governor can apply his mind when the
advice comes from a Chief Minister whose majority could be in doubt.
3. According to Article 175(2), the Governor can summon the House and call for a floor test to
prove whether the government has the numbers.
4. However, the Governor can exercise the above only as per Article 163 of the Constitution
which says that the Governor acts on the aid and advice of the Council of Ministers headed
by the Chief Minister.
5. When the House is in session, it is the Speaker who can call for a floor test. But when the
Assembly is not in session, the Governor’s residuary powers under Article 163 allow him to
call for a floor test.

7. Conclusion

The so-called ‘dead letters’ of the Constitution that was expected to be used in the rarest of the
rare cases has become a device to encroach upon the ambit of state government. It has been
19
Constitution of India Act,1950.

11
observed through analyzing the imposition of emergency in five states that President rule has
been even without the prevalence of reasonable grounds and the same has become the dark side
of Indian politics. Both central and state governments are supreme in their domain and none of
them can claim their superiority over others.

Due to the vague nature of Article 356, there is no effective measure that prohibits the misuse of
Article 356 in hands of the union government. To protect the federal structure of India, it is
compulsory to amend Article 356 in line with recommendations put forward by the court in
Bommai’s case as well as by the Sarkaria Commission. President rule should always be the last
resort and all the steps such as warning the state government that it is not working in accordance
with Constitutional provisions, floor test to prove majority, etc. should be followed by the
governor.

12
8. Bibliography

From Bare Act:

1. The Constitution of India Act,1950

From Books:

1. Jain, M.P, Indian Constitutional Law, Vol.1, 6th Edition2013, Published by Lexis Nexis,
Haryana.

2. Pandey J. N., Constitutional Law of India,60 th Edition, 2023, Published byCentral Law
Agency.

3. Seervai, H.M. Constitutional Law of India, vol.1 (Universal Law Publishing, 2014) 294

From Websites:

1.https://www.researchpublish.com/upload/book/The%20Power%20of%20Judicial%20Review-
2189.pdf.

2.https://www.shobhituniversity.ac.in/pdf/econtent/Brief-Overview-on-Emergency-Provisions-
under-Indian-Constitution-Dr-Mohd-Imran.pdf.

3. https://shodhganga.inflibnet.ac.in/bitstream/10603/466287/4/04_chapter%201.pdf.

4. http://www.legalservicesindia.com/article/1834/Three-types-of-emergencies-under-the-Indian-
Constitution.html.

5. https://blog.finology.in/economy/the-financial-emergency.

6. https://blog.ipleaders.in/presidents-rule-under-article-356-of-the-indian-constitution/.

13