President's rule

"Direct rule in India" redirects here. For direct rule over India in the colonial period, see British Raj.

In India, President's rule is the suspension of state government and imposition of direct Union government rule in a state. Under Article 356 of the Constitution of India, if a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery. Subsequently, executive authority is exercised through the centrally appointed governor, who has the authority to appoint other administrators to assist them. The administrators are usually nonpartisan retired civil servants not native to the state.

When a state government is functioning correctly, it is run by an elected Council of Ministers responsible to the state's legislative assembly (Vidhan Sabha). The council is led by the chief minister, who is the chief executive of the state; the Governor is only a constitutional head. However, during President's rule, the Council of Ministers is dissolved, later on vacating the office of Chief Minister. Furthermore, the Vidhan Sabha is either prorogued or dissolved, necessitating a new election.

Prior to 2019, the constitution of the state of Jammu and Kashmir had a similar system of Governor's rule, under its Section 92. The state's governor issued a proclamation, after obtaining the consent of the President of India allowing Governor's rule for a period of up to six months after which President's rule under Article 356 of the Constitution of India can be imposed. After the revocation of Article 370, President's rule applies to Jammu and Kashmir under section 73 (since Article 356 of Constitution of India does not apply to union territories) of Jammu and Kashmir Reorganisation Act, 2019.

Following the 1994 landmark judgment in S. R. Bommai v. Union of India, the Supreme Court of India restricted arbitrary impositions of President's rule.

Chhattisgarh and Telangana are the only states where the President's rule has never been imposed so far.[1]

  1. ^ Das, Anjishnu (29 August 2023). "13 years in J&K, 10 times in Manipur, UP: History of President's Rule" Archived 2 May 2024 at the Wayback Machine. Indian Express. Retrieved 2 May 2024.