19-February-2025-Editorial

PRESIDENT’S RULE IN MANIPUR

The President’s Rule has been imposed in Manipur under Article 356 of the Indian Constitution after the resignation of the Chief Minister. This step places the state under central government control. The move aims to ensure neutral governance and restore stability in the region, especially given the ongoing ethnic conflict between the Kuki-Zo and Meitei communities.

How President’s Rule Can Help in Manipur

Neutral Administration

• Central rule removes bias in handling ethnic violence, ensuring fair treatment for all communities.
• The Governor, with support from central security forces, can maintain law and order.

Electoral Stability

• Prevents governance instability due to internal political disputes.
• Allows smooth administration until fresh elections are held.

Rehabilitation of Affected People

• Ensures fair relief and rehabilitation for over 60,000 displaced people living in camps for nearly 20 months.
• Central oversight ensures proper fund allocation and aid distribution.

What is President’s Rule?

It is the suspension of a state government and its legislative assembly. The state is placed under the direct control of the central government.

Constitutional Basis

• Article 355: The Centre has a duty to ensure states function according to the Constitution.
• Article 356: If a state government fails to function as per the Constitution, the Centre can impose President’s Rule.
• Also called State Emergency or Constitutional Emergency.

Grounds for Imposition

• Article 356: The President can impose President’s Rule if:

• The Governor recommends
• The President believes the state government is unable to function, even without the Governor’s report.

• Article 365: If a state disobeys central directions, it may be placed under President’s Rule.

Parliamentary Approval and Duration

Parliamentary Approval

• Both Houses of Parliament must approve the proclamation within two months.
• If Lok Sabha is dissolved, the rule remains valid until 30 days after it reconvenes, provided Rajya Sabha approves it.
• Requires a simple majority of members present and voting.

Duration of President’s Rule

• Initially lasts six months.
• Can be extended up to three years with parliamentary approval every six months.
• The 44th Amendment Act, 1978 allows an extension beyond one year only if:

• A National Emergency is in force.
• The Election Commission states elections in the state cannot be conducted.

• For extension beyond three years, a constitutional amendment is needed.

• Example: 67th & 68th Amendment Acts (1990-91) extended President’s Rule in Punjab during insurgency.

Impacts of President’s Rule

Executive Powers

• The President takes over state administration.
• The Governor acts as the central representative, assisted by advisors and officials.

Legislative Powers

• The State Assembly is suspended or dissolved.
• Parliament makes laws for the state or delegates this power to the President.
• Laws made remain valid unless repealed by a new state government.

Financial Control

• The President controls the state budget.
• Expenditure is approved by Parliament instead of the state legislature.

Revocation

• The President can revoke the rule anytime without parliamentary approval.

Supreme Court’s Stand on President’s Rule

SR Bommai Case (1994)

• Judicial review applies to Article 356.
• A floor test, not just the Governor’s opinion, should decide the government’s stability.

Sarbananda Sonowal Case (2005)

• Broadened Article 355’s scope, allowing the Union to take stronger actions to ensure governance.

Rameshwar Prasad Case (2006)

• Criticized the dissolution of the Bihar Assembly without a floor test.
• Article 356 cannot be used for political motives like controlling defections.
• Court can review its validity under Article 361.

Recommendations for Use of Article 356

Sarkaria Commission (1987)

• President’s Rule should be the last resort.
• Used only when all other alternatives fail.

Punchhi Commission (2010)

• Suggested localized emergency provisions instead of full-state President’s Rule.
• Governor’s rule can be applied to specific areas for three months.

NCRWC (2000) Recommendations

• Article 356 should remain but used only as a last option.
• President’s Rule should continue without an emergency if elections cannot be held.
• A constitutional amendment should clarify the conditions for extension.

Inter-State Council (Article 263)

• The Governor’s report should be detailed and explain why President’s Rule is necessary.
• The state must receive a prior warning before imposing President’s Rule.
• A special majority should be required for approving President’s Rule.

Conclusion

The imposition of President’s Rule in Manipur aims to restore peace, ensure neutral governance, and address humanitarian concerns. However, past judicial verdicts and commission reports stress that Article 356 should be used cautiously. Misuse of this provision can undermine federalism, so it must be applied judiciously to uphold the constitutional framework.