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President’s Rule in Manipur: Constitutional Provisions and Legal Precedents

Why in the news?

Following N. Biren Singh’s resignation as Manipur’s Chief Minister, the BJP is exploring leadership options. If no consensus candidate emerges, President’s Rule may be imposed, a move the party wants to avoid due to its stance against central intervention in states.

Instances of President’s Rule in India:

• Since 1950, President’s Rule has been imposed 14 times across 29 states and UTs.
• Manipur and Uttar Pradesh have witnessed 10 instances
• Jammu & Kashmir (12 years) and Punjab (10 years) have spent the longest periods under central rule due to militancy and instability.
• The latest instance was in Puducherry (2021) after the Congress government lost a confidence vote.

Judicial Scrutiny and SC Guidelines

• In R. Bommai v. Union of India (1994), the Supreme Court ruled that:
  • The President’s power under Article 356 is subject to judicial review.
  • Courts can assess if the decision was based on valid grounds or misused for political reasons.
  • President’s Rule must be approved by Parliament within two months, failing which the dismissed government is reinstated.
• The ruling led to a decline in politically motivated impositions of President’s Rule.

Article 356 and the Process of Imposition:

• President’s Rule under Article 356 transfers state government functions to the Centre and legislative powers to Parliament.
• It is imposed when the Governor reports that the state government cannot function as per constitutional provisions.
• The President issues a Proclamation, initially valid for two months. It must be approved by Parliament within this period.
• Once approved, it remains in force for six months and can be extended for up to three years with six-month renewals.
• Further extensions require either:
• A national or state emergency.
• Certification by the Election Commission citing election difficulties.