Part XVIII: Emergency Provisions

Article 356: Provisions in Case of Failure of Constitutional Machinery in States

Original Article:

Clause (1): The President may issue a Proclamation if satisfied that the State’s government cannot be carried on in accordance with the Constitution.

Clause (2): Such a Proclamation may be revoked or varied by a subsequent Proclamation.

Clause (3): Every Proclamation must be laid before Parliament and ceases to operate after two months unless approved by both Houses.

Explanations:

Article 356 enables the President to assume control of a State’s administration under exceptional circumstances, commonly referred to as "President’s Rule." It ensures governance continuity when the State government fails to function according to constitutional norms.

Clause-by-Clause Explanation:

Clause (1): Presidential Proclamation in Case of Failure

The President can assume functions of the State government based on a Governor’s report or other evidence of constitutional failure, excluding High Court powers.

Clause (2): Revocation or Variation of Proclamation

The President has the authority to revoke or modify a Proclamation under Article 356, ensuring flexibility to adapt to changing circumstances in the State.

Clause (3): Parliamentary Approval and Duration

Proclamation requires approval from Parliament within two months, ensuring accountability. Duration can extend to six months with repeated approvals, up to a maximum of three years.

Historical Context:

Article 356 has been invoked multiple times in Indian history, often leading to debates about its misuse for political purposes. The landmark S.R. Bommai case introduced judicial guidelines for its application, emphasizing objective criteria and accountability.

Real-Life Examples:

• Imposition of President’s Rule in Maharashtra in 2019 due to the inability to form a government.
• Extension of President’s Rule in Punjab during the 1980s due to insurgency, invoking special provisions for extension.

References and Related Provisions:

Article 356 aligns with Article 355, which mandates the Union to protect States and ensure constitutional governance. It is subject to judicial review following the S.R. Bommai case.