Article 356 — President's Rule

5.1 Constitutional Provision

Article 356 allows the President to proclaim President's Rule if satisfied that the government of a state cannot be carried on in accordance with the provisions of the Constitution (on the Governor's report or otherwise). Under this proclamation:

• The executive powers of the state vest with the President
• The Governor administers the state on behalf of the President
• The state legislature is placed under suspended animation (not dissolved until Parliament approves)
• Parliament makes laws for the state

Parliamentary approval: Must be approved by both Houses within 2 months (simple majority). If Lok Sabha is dissolved, Rajya Sabha alone approves; new Lok Sabha ratifies within 30 days. Duration: initially 6 months; extendable to 3 years with Parliamentary approval every 6 months; beyond 1 year requires National Emergency + Election Commission certificate.

5.2 Misuse — The Bommai Watershed

Before Bommai (1994), Article 356 was invoked 120 times (1950–1994), often for partisan political purposes. Notable cases:

• 1977: Morarji Desai government dismissed Congress-ruled states; 1980: Indira Gandhi reversed the same
• 1992: BJP governments in 4 states dismissed after Babri Masjid demolition
• Aaya Ram Gaya Ram era — floor crossing made governments unstable

5.3 S.R. Bommai v. Union of India (1994) — The Landmark

A 9-judge constitutional bench fundamentally altered the framework for President's Rule.

Key holdings:

1. Presidential satisfaction under Article 356 is not absolute — it is subject to judicial review (courts can examine whether the proclamation was issued on relevant grounds)
2. Before dismissing a state government, a floor test must be held in the state legislature — the President/Governor should not decide the majority question; the assembly must determine majority on the floor of the House
3. During the proclamation, the state legislature is in suspended animation — the President can dissolve the assembly only after Parliament approves the proclamation
4. The secular character of the state is part of the Basic Structure — a state government that promotes non-secularism can be dismissed

Impact: Frequency of Article 356 use fell dramatically post-Bommai. The judgment gave teeth to the Sarkaria Commission's recommendation that Article 356 should be a last resort.

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