constitutionalEnglish origin

President's Rule

The imposition of central government rule in a state when constitutional governance breaks down � also called State Emergency.

Full Definition

President's Rule (Article 356) is proclaimed when the President, on the Governor's report or otherwise, is satisfied that constitutional governance in a state cannot be carried on. During President's Rule, the state assembly is dissolved or suspended, the Governor administers the state on behalf of the President, and Parliament makes laws for the state. It has been heavily misused politically.

In Indian Law

Article 356. The Supreme Court in S.R. Bommai v. Union of India (1994) imposed crucial limits: (1) President's Rule must be approved by Parliament within 2 months; (2) dissolution of assembly before parliamentary approval is unconstitutional; (3) the Supreme Court can examine whether the material before the President justified the proclamation; (4) the majority must be tested on the floor of the house, not by governor's assessment. Bommai case significantly curtailed political misuse.

Landmark Cases

S.R. Bommai v. Union of India (1994) � Limits on President's Rule

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Quick Facts

LetterP
Categoryconstitutional
OriginEnglish