Delhi HCSupreme CourtNCLTNCLATCCIDRTRERADPDP 2023
Constitution of IndiaPart XVIII

Article 356

Provisions in Case of Failure of Constitutional Machinery in States

President's RuleArticle 356constitutional machineryGovernorSR Bommaistate emergencyDirect Rule

Plain English Explanation

Article 356 allows the President to impose President's Rule (also called "Direct Rule" or "Emergency") in a state when constitutional machinery fails — i.e., when a state government cannot function according to the Constitution. The Governor's report plays a key role. The Supreme Court in SR Bommai v. Union of India (1994) held that the President's satisfaction is subject to judicial review and laid down strict guidelines. President's Rule has been imposed over 100 times in India.

Legal Text

The Constitution of India · Article 356

(1) If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation— (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or anybody or authority in the State other than the Legislature of the State;

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Quick Facts

Article Number
356
Part
XVIII
Type
Constitutional Provision

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