President's Rule
E545561
President's Rule is a constitutional mechanism in India under which a state's government is suspended and its administration is taken over by the central government through the President.
Observed surface forms (3)
| Surface form | Occurrences |
|---|---|
| President's Rule in Kerala | 1 |
| President's Rule in Tamil Nadu under Article 356 | 1 |
| President's Rule in Telangana | 1 |
Statements (47)
| Predicate | Object |
|---|---|
| instanceOf |
Indian constitutional provision
ⓘ
constitutional mechanism ⓘ emergency provision ⓘ |
| aim | restore constitutional governance in the state ⓘ |
| appliesTo |
Indian states
ⓘ
Union territories with legislatures ⓘ |
| approvalTimeLimit | 2 months from proclamation ⓘ |
| approvalType | simple majority in each House of Parliament ⓘ |
| canBeImposedWithoutGovernorReport | true ⓘ |
| canBeRevokedBy | President of India NERFINISHED ⓘ |
| constitutionalBasis | Article 356 of the Constitution of India NERFINISHED ⓘ |
| country | India ⓘ |
| declaredBy | President of India NERFINISHED ⓘ |
| doesNotApplyTo | Union territories without legislatures ⓘ |
| effect |
Parliament exercises powers of state legislature
ⓘ
President may declare that powers of state legislature shall be exercisable by Parliament ⓘ administration of the state by the Governor as President's agent ⓘ assumption of state executive powers by the President ⓘ dismissal of state council of ministers ⓘ suspension of state legislative assembly ⓘ |
| extensionCondition |
Election Commission certifies difficulty in holding elections for extension beyond 1 year
ⓘ
each extension requires parliamentary approval every 6 months ⓘ national emergency in operation for extension beyond 1 year ⓘ |
| governorRole | Governor acts on behalf of President in state administration ⓘ |
| historicalUse | frequently used in early decades after independence ⓘ |
| initialDuration | 6 months ⓘ |
| landmarkJudgment | S. R. Bommai v. Union of India NERFINISHED ⓘ |
| legalEffect |
centralization of administrative control over state
ⓘ
temporary suspension of federal features in affected state ⓘ |
| maximumDurationWithParliamentaryApproval | 3 years ⓘ |
| misuseConcern | allegations of partisan use by Union government ⓘ |
| oftenBasedOn | report of the Governor of the state ⓘ |
| post1990sTrend | reduced frequency after S. R. Bommai judgment ⓘ |
| postBommaiRequirement |
floor test preferred to determine majority in assembly
ⓘ
material evidence required to justify proclamation ⓘ |
| recommendedBy |
Council of Ministers of the Union Government
NERFINISHED
ⓘ
Union Cabinet NERFINISHED ⓘ |
| relatedConcept | Governor's Rule in Jammu and Kashmir (pre-2019) ⓘ |
| relatedConstitutionalArticle |
Article 355 of the Constitution of India
ⓘ
Article 365 of the Constitution of India NERFINISHED ⓘ |
| requiresApprovalFrom |
Lok Sabha
NERFINISHED
ⓘ
Rajya Sabha NERFINISHED ⓘ |
| revocationCondition | formation of a stable government in the state ⓘ |
| subjectToJudicialReview | true ⓘ |
| triggerCondition |
breakdown of law and order in a state
ⓘ
failure of constitutional machinery in a state ⓘ inability of state government to function in accordance with the Constitution ⓘ |
Referenced by (5)
Full triples — surface form annotated when it differs from this entity's canonical label.
this entity surface form:
President's Rule in Tamil Nadu under Article 356
this entity surface form:
President's Rule in Kerala
this entity surface form:
President's Rule in Telangana