What is Article 356 of Indian constitution

 

What is Article 356 of Indian constitution

Article 356 of the Indian Constitution

Title: Provisions in case of failure of constitutional machinery in States
Also known as: President’s Rule

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🔷 Explanation of Article 356:

Article 356 empowers the President of India to impose President’s Rule in a State if the State Government is unable to function according to the provisions of the Constitution.

This is invoked when there is a breakdown of constitutional machinery in a State.

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✅ Key Provisions:

Clause	What it provides
(1)	If the President, on Governor’s report (or otherwise), is satisfied that a State government cannot be carried on in accordance with the Constitution, he may:

• Assume all or any functions of the State Government,

• Declare that the Legislature of the State is suspended or dissolved,

• Take other necessary steps. |
  | (2) | The Proclamation must be approved by both Houses of Parliament within 2 months. |
  | (3) | Once approved, President’s Rule continues for 6 months and can be extended, with approval, up to a maximum of 3 years (subject to conditions). |

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🛑 Conditions for Extension Beyond 1 Year:

1. A National Emergency (Article 352) must be in operation, or

2. Election Commission must certify that elections in the State cannot be held.

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🟢 Key Points:

Aspect	Details
Who Recommends?	Usually the Governor of the State
Who Declares?	President of India
Approval Needed	Must be approved by Parliament within 2 months
Initial Duration	6 months
Maximum Duration	3 years, with Parliament's approval every 6 months
Effect	State Government is dismissed, Assembly dissolved or suspended, and Union Government governs through the Governor

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📝 Historical Usage:

State	Occasion
Punjab (1987–1992)	Militancy and constitutional failure
Uttarakhand (2016)	Political crisis and alleged breakdown of law
Maharashtra (1980)	Breakdown in governance
Arunachal Pradesh (2016)	Political instability

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⚖️ Judicial Check:

• The Supreme Court in S.R. Bommai v. Union of India (1994) ruled:

  • President’s Rule is subject to judicial review.

  • Centre cannot misuse Article 356 for political reasons.

  • Parliament's approval is not absolute protection.

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Here is a comparison chart between Article 355 and Article 356 of the Indian Constitution:

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🗂️ Comparison Chart: Article 355 vs Article 356

Aspect	Article 355	Article 356
Title	Duty of the Union to protect States against external aggression and internal disturbance	Provisions in case of failure of constitutional machinery in States
Type	Directive Duty	Emergency Provision
Purpose	To ensure national integrity, internal peace, and constitutional functioning in States	To impose President’s Rule when State government fails constitutionally
Who Acts?	Union Government (Centre)	President of India, based on Governor’s report or otherwise
Triggering Situation	- External aggression - Internal disturbance - Need to ensure constitutional governance	Breakdown of State machinery or State failing to function as per Constitution
Legal Nature	Moral and constitutional responsibility	Enforceable provision — action-oriented
Effect	Forms the basis or justification for Union action in States	Leads to dismissal of State Government, State Assembly suspended/dissolved, Union takes control
Duration	Permanent duty of Union, always applicable	Initial period: 6 months Max extension: 3 years (with conditions)
Judicial Review?	Not directly challengeable	Yes, subject to judicial review (e.g., S.R. Bommai case)
Example	Centre sending forces to stop riots, citing internal disturbance	Uttarakhand 2016 – President's Rule imposed due to political crisis

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📝 Summary:

• 🛡️ Article 355 = A constitutional duty of the Union to protect and maintain order in States.

• 🛑 Article 356 = A powerful emergency tool invoked when a State fails to operate as per the Constitution.

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