Chapter 21 · Topic 21.2 · Prelims + Mains2 of 3
Emergency Provisions: President’s Rule
Key points
- Art 356: if a State cannot be run as per the Constitution, the President takes over; Parliament exercises the State Legislature's powers (Prelims 2018, b).
- Not automatic (2017): dissolution of the Assembly or local bodies; Ministers are removed. Governor's report is discretionary (2014).
- Duration: approval in two months by simple majority; six months at a time, up to three years; beyond one year only with a National Emergency and ECI certificate (44th Amendment).
- S.R. Bommai (1994): judicial review, floor test; Rameshwar Prasad (2006): Bihar dissolution unconstitutional.
2 PYQs 2015–2024
Prelims box: facts and traps
- Art 365: failure to follow Union directions may be treated as a breakdown.
President’s Rule (Art 356)
Like a head office taking over a failed branch, with an auditor checking the takeover was fair.
When and how. If the President is satisfied, on the Governor’s report or otherwise, that the government of a State cannot be carried on according to the Constitution, he can take over its functions.
- The powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament (Prelims 2018, option b).
- The Assembly is not automatically dissolved.
- Art 19 is not suspended.
- The President does not himself make the State’s laws.
- The High Court is untouched.
If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then
- the Assembly of the State is automatically dissolved.
- the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.
- Article 19 is suspended in that State.
- the President can make laws relating to that State.
Show answer
Answer: (b) · UPSC official key
Prelims 2017: which are not necessarily the consequences of the proclamation of the President’s rule in a State?
- Dissolution of the Assembly: it may only be kept in suspended animation (on hold).
- Dissolution of local bodies: never automatic.
- Removal of the State Council of Ministers does follow (“1 and 3 only”).
Prelims 2014: sending a report to the President of India for imposing the President’s rule is one of the Governor’s discretionary powers, along with reserving Bills for the President (“1 and 3 only”).
Which of the following are not necessarily the consequences of the proclamation of the President’s rule in a State? 1. Dissolution of the State Legislative Assembly 2. Removal of the Council of Ministers in the State 3. Dissolution of the local bodies Select the correct answer using the code given below :
- 1 and 2 only
- 1 and 3 only
- 2 and 3 only
- 1, 2 and 3
Show answer
Answer: (b) · UPSC official key
Which of the following are the discretionary powers given to the Governor of a State? 1. Sending a report to the President of India for imposing the President’s rule 2. Appointing the Ministers 3. Reserving certain bills passed by the State Legislature for consideration of the President of India 4. Making the rules to conduct the business of the State Government Select the correct answer using the code given below.
- 1 and 2 only
- 1 and 3 only
- 2, 3 and 4 only
- 1, 2, 3 and 4
Show answer
Answer: (b) · UPSC official key
Approval and duration.
- Both Houses must approve within two months by simple majority.
- It lasts six months at a time, up to three years.
- Beyond one year only if a National Emergency is in force and the Election Commission certifies that elections cannot be held (44th Amendment).
Art 365: if a State fails to follow Union directions, the President may treat it as a breakdown.
What UPSC asks: Prelims: consequences of Art 356 (2018, 2017); the Governor’s discretion (2014). Mains: the Governor’s role; Art 365. Next likely angle: duration limits after the 44th Amendment.
Judicial limits on Art 356
S.R. Bommai v Union of India (1994). The Court held:
- the President’s satisfaction is open to judicial review;
- majority must be tested on the floor of the House, not in Raj Bhavan;
- the Assembly may only be suspended until both Houses approve;
- a State government acting against secularism can be dismissed.
Why it matters: courts can restore a dismissed government. Secularism and federalism were treated as basic features.
Rameshwar Prasad v Union of India (2006). Dissolving the Bihar Assembly in 2005 to stop a government being formed was unconstitutional. Why it matters: mala fide (bad-faith) reports by Governors are reviewable.
Mains 2023 asked for the legal and political factors responsible for the reduced frequency of using Article 356 since the mid-1990s.
- Legal: Bommai’s floor test and review; courts restoring governments (Uttarakhand and Arunachal Pradesh, 2016).
- Political: coalition governments that needed regional allies.
- The Rajya Sabha, where the ruling side often lacked a majority to approve a proclamation.
- The Sarkaria and Punchhi Commissions calling it a last resort.
- Voters punishing misuse.
It is still used where governments collapse, as in Manipur in February 2025.
Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid-1990s.
What UPSC asks: Prelims: floor test; judicial review. Mains: reduced use of Art 356 (2023). Next likely angle: recent cases of President’s Rule.
→ State Government The Governor’s role and discretion.
Mains box: analysis and answer points
- 2023: reasons for reduced use of Art 356 since the mid-1990s.
Practice
Practice MCQs (8)
Consider the following statements:
1. During President's Rule, the State Council of Ministers continues in office but acts on the Governor's instructions.
2. During President's Rule, the Governor administers the State on behalf of the President, usually with the help of advisers.
Which of the statements given above is/are correct?
Answer (b) & explanation
Statement 2 is correct: once the President assumes the State government's functions under Article 356, the Governor runs the State on the President's behalf, usually with the help of advisers appointed by the President. Statement 1 is incorrect: the Chief Minister and the Council of Ministers are dismissed when President's Rule is imposed, so there is no ministry left to act.
Besides Article 356, the President may treat the constitutional machinery in a State as having failed when the State fails to comply with Union directions, under Article
Answer (a) & explanation
Article 365 provides that when a State fails to comply with directions given by the Union under its constitutional powers, the President may hold that the State government cannot be carried on according to the Constitution. That opens the way to President's Rule under Article 356. Article 355 sets the Union's duty to protect States, Article 360 is Financial Emergency, and Article 352 is National Emergency.
Consider the following statements:
1. President's Rule can be imposed only on the basis of a report from the Governor of the State.
2. During President's Rule, the budget of the State may be passed by Parliament.
Which of the statements given above is/are correct?
Answer (b) & explanation
Statement 2 is correct: under Article 356(1)(b), the powers of the State Legislature become exercisable by or under the authority of Parliament, so Parliament can pass the State's budget. Statement 1 is incorrect: Article 356 lets the President act on the Governor's report 'or otherwise', so a Governor's report helps but is not essential.
Consider the following statements:
1. A proclamation under Article 356 cannot authorise the President to assume any of the powers of the High Court.
2. A proclamation revoking President's Rule must be approved by both Houses of Parliament.
Which of the statements given above is/are correct?
Answer (a) & explanation
Statement 1 is correct: the proviso to Article 356(1) bars the President from assuming any power of the High Court or suspending any provision relating to it, which protects judicial independence even when the State government is replaced. Statement 2 is incorrect: under Article 356(2), a revoking proclamation needs no approval of Parliament; only proclamations that impose or continue President's Rule need it.
Which one of the following statements about President's Rule is NOT correct?
Answer (a) & explanation
Option (a) is not correct: the High Court is never suspended, because the proviso to Article 356(1) expressly protects it. The others are correct: under Article 357(1)(a), Parliament may confer law-making power on the President for the State; the Governor's report is the usual basis of a proclamation; and President's Rule is popularly called a State or Constitutional Emergency.
In Rameshwar Prasad v. Union of India (2006), the Supreme Court held that
Answer (c) & explanation
In Rameshwar Prasad (2006), the Supreme Court held that the dissolution of the Bihar Legislative Assembly in 2005 under Article 356 was unconstitutional. The Governor's report rested on extraneous considerations about possible horse-trading. The Court did not restore the Assembly, because fresh elections were already under way, but it applied the Bommai principle of judicial review.
With reference to President's Rule under Article 356 of the Constitution of India, consider the following statements:
1. Once approved by both Houses of Parliament, the proclamation continues for six months and can be extended for a maximum of three years, with parliamentary approval every six months.
2. It can be continued beyond one year only if a National Emergency is in operation in the whole of India or in the whole or any part of the State, and the Election Commission certifies that elections to the State Legislative Assembly cannot be held.
3. Every resolution approving the proclamation or its continuation must be passed by a special majority in each House.
Which of the statements given above are correct?
Answer (d) & explanation
Statement 1 is correct: after approval the proclamation lasts six months and can be extended for up to three years, six months at a time. Statement 2 is correct: the 44th Amendment (Article 356(5)) allows continuation beyond one year only when both conditions are met — a National Emergency in operation in the whole of India or the whole or part of the State, and Election Commission certification that elections cannot be held. Statement 3 is incorrect: resolutions approving or continuing President's Rule need only a simple majority (members present and voting), unlike National Emergency, which needs a special majority. Hence 1 and 2 only.
Consider the following statements:
1. Laws made by Parliament for a State during President's Rule automatically lapse when President's Rule ends.
2. During President's Rule, the President cannot authorise expenditure from the State's Consolidated Fund under any circumstances.
Which of the statements given above is/are correct?
Answer (d) & explanation
Both statements are incorrect. Under Article 357(2), laws made by Parliament or the President for the State during President's Rule continue in force after it ends, until the State Legislature alters, repeals or amends them. Under Article 357(1)(c), when the Lok Sabha is not in session, the President may authorise expenditure from the State's Consolidated Fund, pending Parliament's sanction.
0 / 0 correct
Prelims PYQs on this topic (2)
Which of the following statements are correct about the Constitution of India ?
- 1. Powers of the Municipalities are given in Part IX A of the Constitution.
- 2. Emergency provisions are given in Part XVIII of the Constitution.
- 3. Provisions related to the amendment of the Constitution are given in Part XX of the Constitution.
Select the answer using the code given below :
Answer (d) & explanation
All three statements are correct (d). Statement 1 is right: Part IXA (Articles 243P to 243ZG), added by the 74th Amendment (1992), covers Municipalities. Statement 2 is right: Part XVIII (Articles 352 to 360) covers Emergency provisions. Statement 3 is right: Part XX has a single Article, 368, on amending the Constitution. So options (a), (b) and (c), which leave one out, are wrong.
Notice other key Parts: Part III for Fundamental Rights, Part IV for Directive Principles, Part IVA for Fundamental Duties, and Part IX for Panchayats (73rd Amendment). Part IXB covers cooperative societies (97th Amendment). Knowing the big Parts by number saves time in such questions.
Answer as per the official UPSC answer key.
Which of the following are not necessarily the consequences of the proclamation of the President's rule in a State?
- 1. Dissolution of the State Legislative Assembly
- 2. Removal of the Council of Ministers in the State
- 3. Dissolution of the local bodies
Select the correct answer using the code given below :
Answer (b) & explanation
Statements 1 and 3 are not necessary results (b). Under Article 356, the President takes over the functions of the State government, so the Council of Ministers is removed (2). That always happens. The State Assembly may be dissolved or kept in suspended animation (1), so dissolution is not automatic. In S. R. Bommai (1994), the Supreme Court said the Assembly should not be dissolved until Parliament approves the proclamation. Local bodies are not affected at all (3), because they have their own constitutional status under the 73rd and 74th Amendments.
Parliament must approve President's rule within two months. It can then last six months at a time, up to three years. Notice that Bommai also made the proclamation open to judicial review.
read "not necessarily" slowly. Mark what must happen, then pick the rest.
Answer as per the official UPSC answer key.
Write an answer
In 150 words, explain the significance of Emergency Provisions with one recent example.
Flashcards (4)
Who exercises the State Legislature's
powers under Art 356? Parliament, or an authority it names.
Is the Assembly automatically dissolved
under Art 356? No; it may be kept in suspended animation.
Which case required floor tests?
S.R. Bommai (1994).
Which case struck down the 2005 Bihar
dissolution? Rameshwar Prasad (2006).
Read more: related explainers
- Emergency Provisions in the Indian Constitution (Articles 352–360): UPSC Notes with PYQs
- Decriminalisation of Business Laws: Jan Vishwas (Amendment of Provisions) Act, 2023, the Jan Vishwas Act, 2026 (2.0), Ease of Doing Business and Ease of Living
- 73rd Constitutional Amendment Act, 1992: Part IX, Compulsory and Voluntary Provisions, Eleventh Schedule and Gaps
In the news
- 25 Oct 2026Cauvery panel tells Karnataka to release 3,000 cusecs to Tamil Nadu: Article 262 and the inter-State water dispute
- 22 Oct 2026Cooperative federalism and law reform: Law Commission proposes a ‘citizen friction test’
- 13 Oct 202621st Maritime State Development Council: first MSDC under the Indian Ports Act, 2025
- 8 Oct 202657th GST Council: arrest provisions to go, prosecution threshold raised to ₹5 crore
Next topic · 21.3 →Emergency Provisions: Financial Emergency (Art 360)Syllabus: GS-II · Functions and responsibilities of the Union and the States, issues and challenge…