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President’s rule in Puducherry

President’s rule in Puducherry: Issue in constitutional and legal provisions for Union Territories

According to a notification issued by the Ministry of Home Affairs (MHA), President’s rule was imposed in the Union Territory (UT) of Puducherry and the Legislative Assembly was placed under suspended animation.

This incident is not new. It is very common especially when Union Territories with assemblies and central government are ruled by different parties. Present constitutional and legal provisions for Union territories facilitate this destabilisation.

What is President Rule?

President's rule is the suspension of state government and imposition of direct Union government rule in a state. During President's rule, the Council of Ministers is dissolved, vacating the office of Chief Minister. Furthermore, the Vidhan Sabha is either prorogued or dissolved, necessitating a new election.

How is President's rule imposed in a state?

Article 356 of the Constitution of India gives the President of India the power to impose this rule on a state on the advice of the Union Council of Ministers. There are some conditions that the President has to consider before imposing the rule:

  1. If the President is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
  2. The state government is unable to elect a leader as chief minister within a time prescribed by the Governor of that state.
  3. There's a breakdown of a coalition leading to the chief minister having a minority support in the House, and the CM fails to prove majority in the given period of time.
  4. Loss of majority in the Assembly due to a vote of no-confidence in the House.
  5. Elections postponed on account of situations like natural disasters, war or epidemic.

Duration of the President's rule

Proclamation of President’s Rule under Article 356 of the Constitution stands for six months. This timeframe can be extended up to three years, in phases. President's Rule can be revoked at any time by the President and this does not require Parliament's approval.

When the President's rule was imposed?

Manipur: After the 2000 elections, the government did not last more than a year. After months of chaos, alleged horse-trading and a vote of no-confidence, Manipur was brought under President's Rule on June 3, 2001. It lasted 277 days.

Uttar Pradesh: From March 8, 2002 to May 3, 2002, President's rule was in force in Uttar Pradesh on account of an indecisive outcome of state elections.

Jammu and Kashmir: From October 18, 2005 to November 2, 2005, President's rule was in force in Jammu & Kashmir because of an indecisive outcome of state elections.

Bihar: President's rule was in force in Bihar From March 7, 2005 to November 24, 2005 on account of an indecisive outcome of state elections. In this case, the Supreme Court ruled that the imposition of President's rule without giving the elected legislatures a chance to form a new government was unconstitutional.

Goa: The government of the state was dismissed after a controversial confidence vote secured in the Assembly by CM Pratap Sinh Rane. President's rule was in force here from March 4, 2005 to June 7, 2005.

Karnataka: President's Rule was in force in the state from October 9 to November 11 and then from November 20, 2007 till May 27, 2008, due to the elected government’s loss of majority.

Jammu and Kashmir: The government of the then chief minister, Gulam Nabi Azad, was reduced to a minority following the withdrawal of support by key ally People's Democratic Party (PDP), in the wake of massive 10-day protests against the allotment of forest land to Sri Amarnath Shrine Board. President's Rule was in force in the state between July 11, 2008, and January 5, 2009.

Jharkhand: Between January 19, 2009 and December 29, 2009 President's Rule was in force in Jharkhand due to the elected government’s loss of majority. In 2010, too, Jharkhand was under President’s rule from June 1 to September 11. In 2013, BJP's ruling coalition partner JMM withdrew its support to the government. Chief Minister Arjun Munda had to resign and President's rule was in force from January 18 to July 12.

Andhra Pradesh and Telangana: President's rule was evoked in the Telangana area on June 2, 2014 and bifurcated Andhra Pradesh areas on June 8, 2014 after 100 days.

Delhi: Arvind Kejriwal resigned as Delhi chief minister after failing to table the Jan Lokpal Bill in the Assembly. Delhi was brought under the President's rule on February 14, 2014 and stayed under it until February 11, 2015.

Maharashtra: The Congress-led government in the state was dismissed after it separated from its allies. President's rule was in force for 33 days starting from September 28, 2014.

Jammu and Kashmir: A hung verdict in the Jammu and Kashmir elections of 2015 led to the imposition of President’s Rule for 51 days, from January 9, 2015 to March 1, 2015. The following year, death of Chief Minister Mufti Mohammad Sayeed led to President's rule again for 87 days, from January 8 to April 4.

Arunachal Pradesh: Congress MLAs joined hands with the BJP, destabilizing the state government. So, President’s rule was evoked and stayed in force from January 25, 2016 to February 19, 2016. The Supreme Court declared the imposition of President's rule as ultra vires and reinstated the dismissed Congress-led government in the state.

Uttarakhand: The collapse of CM Harish Rawat's government following a split in the state unit of the Congress party led to President's rule being imposed in the state twice — from March 27, 2016 to April 21, 2016 and then from April 22, 2016 to May 11, 2016.

Jammu and Kashmir: Chief Minister Mehbooba Mufti resigned following withdrawal of support by coalition partner BJP. The state was under President’s rule from June 19, 2018 to October 30, 2018. On October 31, J&K was split into two Union Territories — Jammu and Kashmir, and Ladakh — and that ended the President's rule by default.

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