Article 356: what President’s rule is and how it is imposed
प्रकाशित
Under Article 356, if the President is satisfied, on a report from the governor or otherwise, that the government of a state cannot be carried on in accordance with the Constitution, the President may by proclamation assume the functions of the state government. This is commonly called President’s rule.
During this period the legislature’s powers become exercisable by Parliament. The assembly may be dissolved or kept in suspended animation. The powers of the High Court are not affected.
Time limits and Parliament’s approval
A proclamation must be approved by both Houses of Parliament within two months. Once approved, it lasts six months and can be extended by six months at a time with fresh approval, up to three years. After the 44th Amendment, extension beyond one year requires a national emergency in force and a certificate from the Election Commission that elections are difficult to hold.
The effect of the Bommai judgment
In S.R. Bommai v. Union of India (1994), the Supreme Court held that a proclamation is open to judicial review. A majority should be tested on the floor of the House, not at the Raj Bhavan, and the assembly should not be dissolved before Parliament approves the proclamation.
President’s rule in Uttar Pradesh
Uttar Pradesh has been under President’s rule nine times. The first was in February 1968 and the last in March 2002, when no party had a majority after the assembly election. The longest spell ran from October 1995 to March 1997.
| No. | From | To |
|---|---|---|
| 1 | 25 Feb 1968 | 26 Feb 1969 |
| 2 | 1 Oct 1970 | 18 Oct 1970 |
| 3 | 13 Jun 1973 | 8 Nov 1973 |
| 4 | 30 Nov 1975 | 21 Jan 1976 |
| 5 | 30 Apr 1977 | 23 Jun 1977 |
| 6 | 17 Feb 1980 | 9 Jun 1980 |
| 7 | 6 Dec 1992 | 4 Dec 1993 |
| 8 | 18 Oct 1995 | 21 Mar 1997 |
| 9 | 8 Mar 2002 | 3 May 2002 |
Table: UP Election News. Basis: Wikipedia list of instances of President’s rule.
Key points
- Under Article 356, if the President is satisfied, on a report from the governor or otherwise, that the government of a state cannot be
- A proclamation must be approved by both Houses of Parliament within two months.
- In S.
- Uttar Pradesh has been under President’s rule nine times.
Official 2022 figures for context
For context, the 2022 assembly election had 15,12,46,168 electors and 9,21,62,897 votes polled, with statewide turnout of 60.94 percent. The BJP won 255 seats on 41.29 percent and the Samajwadi Party 111 seats on 32.06 percent. Apna Dal (S) won 12, the RLD 8, the SBSP and NISHAD Party 6 each, Congress and the Jansatta Dal Loktantrik 2 each, and the BSP 1.
The 2017 baseline
The 2017 assembly election had 14,16,63,646 electors and turnout of 61.22 percent. The BJP won 312 seats on 39.67 percent. The Samajwadi Party won 47, the BSP 19, Apna Dal (S) 9, Congress 7 and the SBSP 4. Three independents also won. Between 2017 and 2022, 125 seats changed parties.
Also read:
- Meerut district assembly results 2022
- Saharanpur district assembly results 2022
- Ayodhya district assembly results 2022
Source: Election Commission of India. Figures are from official statistical reports.
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