President's rule
From Wikipedia, the free encyclopedia
President's rule (or Central Rule) is the term used in India when a state government is dissolved or suspended and is placed under direct federal rule. President's rule is enabled by article 356 of the Constitution of India, which gives the central government the authority to dismiss any state government if there has been failure of the constitutional machinery in the state. President's rule also applies when there is no clear majority to any party or coalition in state assembly.
The state governor can dissolve the house on his own discretion, if there is no clear majority in the house, on the advice of the ruling party or by the central (federal) government. The governor then dissolves the house, placing it in 'suspended animation' for a period of six months. After six months, if there is no clear majority, then fresh elections are held.
It is called President's rule as the President of India governs the state instead of an elected Chief Minister, but administratively the state governor is delegated executive authority on behalf of the central (federal) government. The governor normally appoints advisor(s), who are retired civil servants, to help in administration. Generally policies are controlled by the ruling party at center.
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[edit] Article 356
Article 356 allows the central government to dismiss a state government and impose President's rule when the state suffers failure of the constitutional machinery.
This article was enabled as a means for the central government to assert authority over a state if civil unrest (such as riots) occurred and the state government didn't have the means to end the unrest. Critics of president's rule argue that most of the time, it has been used as a pretext to dissolve state governments ruled by political opponents. Thus, it is seen by many as a threat to the federal state system. Since the Indian constitution was adopted in 1950, the central government has used this article more than 100 times to dissolve state governments and impose direct rule.
The article was used for the first time during Vimochana samaram to dismiss the democratically elected Communist Ministry of Kerala on July 31, 1959. It was also used to dissolve Bharatiya Janata Party (BJP) state governments after the Babri Masjid demolition.Now
[edit] Article 355
Article 355 mandates the central government to protect states against external aggression and internal disturbance to ensure that the governance of every state is in accordance with the provisions of the constitution.
This article was used when there was attack on churches in BJP administered states. The then minister for parliamentary affairs Vayalar Ravi suggested to amend article 355 to take control of parts or specific areas of a state.[1]
