Article 356 of the Constitution of India
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Article 356 of the Constitution of India empowers the central government to impose President’s Rule in a state by suspending its elected government and assuming its functions in case of a failure of constitutional machinery.
All labels observed (1)
| Label | Occurrences |
|---|---|
| Article 356 of the Constitution of India canonical | 1 |
Statements (48)
| Predicate | Object |
|---|---|
| instanceOf |
article of the Constitution of India
ⓘ
constitutional provision ⓘ |
| affects |
executive powers of state government
ⓘ
legislative powers of state legislature ⓘ |
| aimsToProtect | constitutional governance in states ⓘ |
| allows |
Parliament to exercise powers of state legislature
ⓘ
President to assume functions of state executive ⓘ President to declare that powers of state legislature shall be exercisable by Parliament ⓘ President to make incidental and consequential provisions ⓘ |
| alsoKnownAs | President's Rule provision ⓘ |
| appliesTo | states of India ⓘ |
| basisFor | President's Rule ⓘ |
| condition |
failure of constitutional machinery in a state
ⓘ
situation in which state government cannot be carried on in accordance with the Constitution ⓘ |
| constitutionalGoal | maintenance of constitutional order in states ⓘ |
| constitutionalHead | President of India ⓘ |
| constitutionalPrinciple | federalism with strong centre ⓘ |
| constrains | arbitrary dismissal of state governments ⓘ |
| country | India ⓘ |
| criticizedFor | potential misuse for political purposes ⓘ |
| distinctFrom |
Article 352 of the Constitution of India
ⓘ
Article 360 of the Constitution of India ⓘ |
| empowers |
President of India
ⓘ
Union Government ⓘ
surface form:
Union government of India
|
| governs |
President's Proclamation of state emergency
ⓘ
relationship between Union and state governments in emergencies ⓘ |
| historicalContext | adopted in the original Constitution of 1950 ⓘ |
| interpretedIn | S. R. Bommai v. Union of India ⓘ |
| legalEffect |
assumption of functions of state government by the President
ⓘ
imposition of President's Rule in a state ⓘ suspension of state government ⓘ |
| legalNature | emergency provision for states ⓘ |
| locatedInJurisdiction |
Union of India
ⓘ
surface form:
Republic of India
|
| maximumDuration | three years subject to parliamentary approval and conditions ⓘ |
| partOf | Constitution of India ⓘ |
| relatedTo |
Article 355 of the Constitution of India
ⓘ
Article 365 of the Constitution of India ⓘ |
| requires |
Governor's report or other information to the President
ⓘ
Proclamation by the President ⓘ communication of reasons to both Houses of Parliament ⓘ parliamentary approval within two months of proclamation ⓘ that proclamation be laid before each House of Parliament ⓘ |
| requiresApprovalBy |
Lok Sabha
ⓘ
Rajya Sabha ⓘ |
| subjectMatter | failure of constitutional machinery in states ⓘ |
| subjectTo |
judicial review
ⓘ
limitations laid down in S. R. Bommai judgment ⓘ |
| timeLimitInitial | two months unless approved by Parliament ⓘ |
Referenced by (1)
Full triples — surface form annotated when it differs from this entity's canonical label.