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President’s Rule in Manipur: Loksabha to pass Budget
Everything related to President’s Rule: Article 355 to Article 357 in Part XVIII and Article 365 in Part XIX of the Indian Constitution are related to the President’s Rule.
Article 355- Duty of the Union to protect States against external aggression and internal disturbance
Article 356- Provisions in case of failure of Constitutional Machinery in States
Article 357-Exercise of legislative powers under proclamation issued under Article 356
Article 365-Effect of failure to comply with, or to give effect to, directions given by the Union.
A proclamation imposing the President’s Rule must be approved by both Houses of Parliament within two months from the date of its issue.
If the proclamation of President’s Rule is issued at a time when the Lok Sabha has been dissolved or the dissolution of Lok Sabha takes place during the period of two months without approving the proclamation, then the proclamation survives until 30 days from the first sitting of the newly constituted Lok Sabha, provided Rajya Sabha approves it in the mean time.
President rule can be imposed for a maximum period of three years with the approval of Parliament every six months.
The 44th Constitutional Amendment Act of 1978 added a new provision that the President’s Rule can be extended beyond one year, by six months at a time, only when the following two conditions are fulfilled:
◦ The proclamation of National Emergency is in operation in the whole of India or in the whole or any part of the State.
◦ The ECI certifies that general elections to the Legislative Assembly of the State cannot be held on account of certain difficulties.
A Proclamation of Emergency can be revoked by the President at any time by a subsequent proclamation.
◦ Such a proclamation does not require parliamentary approval.
In President's rule:
The Parliament passes the State Legislative Bills and the State Budget.
◦ The President can promulgate ordinances for the State when the Parliament is not in session.When the State Legislature is dissolved or suspended, the Parliament acquires certain powers: ◦ The Parliament can delegate the power to make laws for the State to the President or any other authority specified by him in this regard.
◦ The Parliament or in case of delegation, the President or any other specified authority can make laws conferring powers and imposing duties on the Center or its officers and authorities.
◦ The President can authorize, when Lok Sabha is not in session, expenditure from the Consolidated Fund of the State pending its sanction by the Parliament.
A law made by Parliament or the President or any other specified authority continues to be operative even after the President’s Rule.
◦ Such law can be repealed, altered, or re-enacted by the State Legislature.
Since 1950, the President’s Rule has been imposed on more than 134 occasionsIn SR Bomai Case : The State Legislative Assembly should be dissolved only after Parliament has approved the proclamation. Until such approval, the President can only suspend the assembly.
Recommendations of Punchhi Commission: The Punchhi Commission has proposed to localize the Emergency provisions under Articles 355 and 356, contending that localized areas – a district or parts of a district – be brought under the President’s rule instead of the whole State.
◦ Also, such an Emergency provision should not be of duration of more than three months.
Inter-State Council established under Article 263 has made the following recommendations on the imposition of the President’s Rule:
• The proclamation needs to be ratified only within a month instead of two months.
• The Governor’s report should be a speaking document.
• The erring State should first be warned before imposing the President’s rule.
• A special majority should be necessary for ratification of a proposal for imposition of the President’s rule.
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