Chapter 50: Emergency Provisions in States — President’s Rule, Role of Governor and Centre
Introduction
In a federal system like India, while States enjoy autonomy, there are provisions for the Centre to intervene when State governance fails.
This intervention is through Emergency Provisions at State level, mainly President’s Rule under Article 356.
Constitutional Provisions
Article
Subject
Article 355
Duty of Centre to protect States against external aggression and internal disturbance.
Article 356
Provisions in case of failure of constitutional machinery in States (President’s Rule).
Article 365
Centre’s authority if State fails to comply with Union directions.
Grounds for Imposition of President’s Rule (Article 356)
If Governor reports that:
State government cannot be carried on in accordance with the Constitution.
Or if the President is otherwise satisfied.
Procedure
Step
Detail
1
Governor sends a report to President.
2
President issues a proclamation assuming:
State’s executive functions,
State’s legislative powers (vested in Parliament or President). | | 3 | Proclamation must be approved by both Houses of Parliament within 2 months.
Duration
Initially valid for 6 months.
Can be extended for another 6 months at a time.
Maximum duration:
3 years (with special parliamentary conditions).
Beyond 1 year, extension allowed only if:
National Emergency is in operation, or
Election Commission certifies that elections cannot be held in the State.
Effects of President’s Rule
Area
Effect
Executive
State’s Council of Ministers is dismissed, Governor administers the State on behalf of President.
Legislature
State Legislative Assembly may be dissolved or kept under suspension.
Parliament
Takes over law-making functions for the State.
Judiciary
Courts continue to function independently (No effect on judiciary).
Role of Governor during President’s Rule
Governor becomes real executive authority in the State (acting on behalf of the President).
Exercises all executive powers normally exercised by Council of Ministers.
Parliament legislates for the State; Governor issues ordinances if Parliament is not in session.
Article 365: Failure to Comply with Centre’s Directions
If a State fails to comply with directions from the Centre, President may consider that the government of the State cannot be carried on as per the Constitution — leading to President’s Rule.
Judicial Review and President’s Rule
Earlier View:
In Rameshwar Prasad Case (2006), SC held that proclamation under Article 356 is subject to judicial review.
S.R. Bommai Case (1994):
Landmark judgment,
Supreme Court guidelines:
Strict conditions for imposing President’s Rule.
Floor test mandatory to test majority in Assembly.
Governor’s report can be questioned in court.
If proclamation is malafide or arbitrary, Court can strike it down.
Instances of Misuse
Historically, Article 356 was misused for political purposes:
Dismissal of opposition-led State governments,
To gain political advantage by Central ruling party.
Examples:
1959: Kerala Government (Communist Party) dismissed.
1977: Many Congress-ruled States dismissed after Janata Party came to power.
1992: Dismissal of BJP governments after Babri Masjid demolition.
Safeguards Introduced
Judicial review permitted (after SR Bommai Case).
Parliament approval mandatory within 2 months.
Floor tests emphasized for checking majority.
Comparison: National Emergency vs President’s Rule
Feature
National Emergency (Art 352)
President’s Rule (Art 356)
Trigger
War, external aggression, armed rebellion
Failure of constitutional machinery
Impact
On Centre and States
Only on States
Rights Impacted
FRs can be suspended
FRs generally remain unaffected
Approval
Special majority in Parliament
Simple majority
Important Articles Related to Emergency in States
Article
Subject
355
Duty of Union to protect States.
356
Failure of constitutional machinery in State (President’s Rule).
365
Failure to comply with Centre’s directions.
Recent Trends and Observations
Post-SR Bommai judgment, use of Article 356 has drastically declined.
President’s Rule imposed now only after following proper constitutional procedures (like floor test failures).
Judiciary’s active role has strengthened federalism.
Challenges and Criticism
Governor’s discretionary powers can still be misused,
Centre-State political rivalry sometimes leads to disputes,
Delay in lifting President’s Rule even after political stability is restored.
Reforms Suggested
Clear guidelines for Governor’s actions,
Limit Centre’s interference to genuine cases,
Mandatory judicial review within fixed time frame.
Conclusion
While President’s Rule is essential for tackling genuine breakdowns of governance, it must be used rarely and responsibly, respecting the federal structure and democratic spirit of the Constitution.
“Emergency powers are meant to protect democracy, not destroy it.“
Important Quick Facts for Prelims & Mains
Fact
Detail
Article for President’s Rule
356
Maximum duration of President’s Rule
3 years
Landmark case limiting misuse
SR Bommai vs Union of India (1994)
Governor’s Role
Central agent during President’s Rule
First instance of misuse
Kerala (1959)
Floor Test importance
Mandatory before recommending dismissal
Chapter 51: Elections — Election Commission of India, Free and Fair Elections
Introduction
Elections are the heart of democracy.
In India, the Election Commission of India (ECI) ensures:
Free, fair, and transparent elections at national and state levels.
A credible election process builds public trust and strengthens democracy.
Constitutional Provisions
Article
Subject
Article 324
Superintendence, direction, and control of elections vested in Election Commission.
Articles 325–329
Related to electoral rolls, elections, and powers of courts.
Election Commission of India (ECI)
1. Establishment
Permanent and independent constitutional body.
Established under Article 324 of the Constitution.
2. Composition
Post
Details
Chief Election Commissioner (CEC)
Head of the Commission.
Election Commissioners
Two other Election Commissioners (if appointed).
Since 1989, Election Commission functions as a multi-member body (3 members).
3. Appointment and Tenure
Feature
Details
Appointment
By the President of India.
Tenure
6 years or until 65 years of age, whichever earlier.
Conditions
Same for CEC and ECs.
4. Removal
Chief Election Commissioner (CEC):
Removed like a Supreme Court Judge,
By President after Parliamentary impeachment (on grounds of proved misbehavior or incapacity).
Other Election Commissioners:
Can be removed by President on recommendation of the CEC.
Thus, CEC enjoys greater protection than ECs.
5. Powers and Functions of Election Commission
Power
Details
Conduct Elections
To Parliament, State Legislatures, President, and Vice President.
Supervision
Over entire election machinery and process.
Preparation of Electoral Rolls
Ensures free and fair voter registration.
Recognition of Political Parties
Grants symbols, recognition to political parties.
Model Code of Conduct
Issues and enforces ethical code for political parties during elections.
Voter Education
Spreading awareness (e.g., SVEEP program).
Monitoring Election Expenses
Regulates spending by candidates and parties.
Recommend Disqualification
In cases of corrupt practices, violation of laws.
Important Powers
Advisory Role: Advises the President/Governor regarding disqualifications under 10th Schedule (anti-defection).
Quasi-Judicial Role:
Decides disputes regarding recognition of political parties.
Cancels elections in case of malpractices.
Electoral Reforms in India
Major Electoral Reforms Till Now
Reform
Year
Importance
Lowering Voting Age
1988 (61st Amendment)
From 21 to 18 years.
Use of EVMs
2000s
Electronic Voting Machines to prevent rigging.
Voter ID Cards
1993 onwards
Identification of voters.
NOTA Option
2013
“None of the Above” option introduced in voting.
VVPAT
2017
Voter Verified Paper Audit Trail attached to EVMs for transparency.
Recent Developments
Linking Voter ID with Aadhaar (to prevent duplicate entries),
Remote Voting Machine (RVM) discussions for migrant workers,
Capping election expenditures,
Restrictions on exit polls and opinion polls timing.
Free and Fair Elections — Key Ingredients
Element
Explanation
Free Choice
Voters should choose without coercion.
Fair Process
No bias by election machinery.
Equal Access
All parties should have a level playing field.
Transparency
Funding and process must be open and accountable.
Secrecy of Ballot
Protects voter autonomy and safety.
Challenges to Free and Fair Elections
Money Power: Huge spending distorts equality.
Muscle Power: Threats and intimidation.
Criminalization of Politics: Candidates with criminal background contesting elections.
Fake News and Misinformation: Misleading voters.
Booth Capturing and Rigging: Though reduced, still a threat in some areas.
State Funding of Elections (to reduce dependence on donations),
Debarring Criminals from contesting before conviction,
Internal Democracy in Political Parties,
Simultaneous Elections (Lok Sabha + State Assemblies),
Strengthening ECI’s powers and independence.
Important Committees on Electoral Reforms
Committee
Importance
Tarkunde Committee (1975)
Recommended independent election machinery.
Dinesh Goswami Committee (1990)
Suggested reforms in election law.
Indrajit Gupta Committee (1998)
Recommended state funding of elections.
Law Commission Reports
Periodic suggestions for electoral reforms.
Voters’ Rights in Elections
Right
Detail
Right to Vote
Universal Adult Franchise (18+ years)
Right to Know
Candidate’s criminal, financial background.
Right to Secrecy
Of the voting choice.
Right to NOTA
Right to reject all candidates.
Model Code of Conduct (MCC)
Set of rules and guidelines for political parties and candidates during elections.
Not a law — moral binding,
Violations can be dealt with by Election Commission.
Key areas covered:
No bribing or intimidation of voters,
No misuse of government machinery,
No hate speeches,
No announcement of new schemes during elections.
Role of Election Commission in Democracy
Guardian of democracy,
Ensures political competition is fair,
Acts independently and impartially,
Strengthens people’s faith in electoral process.
Conclusion
Free and Fair Elections are the lifeblood of Indian democracy. The Election Commission must continue to act independently, transparently, and efficiently to maintain public trust.
“The ballot is stronger than the bullet.” — Abraham Lincoln
Important Quick Facts for Prelims & Mains
Fact
Detail
Article establishing ECI
Article 324
Composition
CEC + other Election Commissioners
CEC Removal
Same as Supreme Court Judge
VVPAT full form
Voter Verified Paper Audit Trail
Minimum Voting Age
18 years
NOTA introduced
2013 (SC Judgment)
Chapter 52: Special Provisions for Some States — Jammu & Kashmir, Nagaland, Assam, Others
Introduction
India’s federal structure recognizes that not all states are the same. Certain states have special provisions due to their historical, cultural, and geographical uniqueness.
These provisions are mainly found in Articles 370, 371, and 372 and ensure:
Autonomy,
Protection of cultural identity,
Special political arrangements.
Constitutional Provisions
Article
Subject
Article 370
Special provisions for Jammu & Kashmir (J&K).
Article 371
Special provisions for certain states (e.g., Nagaland, Assam, Sikkim, etc.).
Article 372
Continuance of existing laws (relating to States with special provisions).
Jammu and Kashmir — Article 370
Historical Context
Article 370 was inserted to recognize Jammu & Kashmir’sspecial status.
It was due to the Instrument of Accession (1947) signed by the then Maharaja of Jammu & Kashmir, allowing the State to join India under special terms.
Provisions Under Article 370
Temporary provision: The provisions were meant to be temporary, but became permanent over time.
J&K had its own Constitution (until 2019).
State autonomy: J&K had its own flag, and a separate set of laws for:
Education, health, and employment.
Other subjects like foreign affairs, defense, finance, etc. were under the control of the Union Government.
Article 35A — Special Rights of Residents of J&K
Provided exclusive rights to permanent residents of Jammu and Kashmir.
Only permanent residents could:
Own property,
Get government jobs,
Access educational benefits.
Revocation of Article 370 — 2019
On 5th August 2019, the Government of India revoked Article 370, changing the special status of Jammu and Kashmir.
The Jammu & Kashmir Reorganization Act, 2019:
Divided J&K into two Union Territories: Jammu & Kashmir, and Ladakh.
Made the provisions of the Indian Constitution fully applicable to the Union Territory of Jammu & Kashmir.
Nagaland — Article 371A
Special Provisions for Nagaland
Article 371A grants special status to Nagaland in order to preserve the distinct culture, religion, and identity of the Naga people.
Key Features of Article 371A
Legislative Powers: The State Assembly of Nagaland cannot legislate on religious or social practices of Naga tribes, Naga customary law, or ownership of land without the recommendation of the State Assembly.
Naga customary law and practices are protected.
Governor’s Role: The Governor of Nagaland has special discretion to protect the cultural identity of the Naga people.
Assam — Article 371B
Special Provisions for Assam
Article 371B relates to Assam and its tribal areas.
Key Features of Article 371B
Assam Legislative Assembly may create a district or a tribal area with a separate law to protect the interests of the tribal people.
Special measures can be taken for social and economic development of the tribal areas in Assam.
Sikkim — Article 371F
Special Provisions for Sikkim
After the merger of Sikkim with India in 1975, Article 371F provides special provisions.
Key Features of Article 371F
The Governor of Sikkim has the power to act in accordance with the special needs of the State.
State Assembly is responsible for electing the Speaker and Deputy Speaker.
Protection of Sikkimese culture, traditions, and language is given special importance.
Other States with Special Provisions
State
Article
Special Provision
Maharashtra and Gujarat
Article 371
Establishment of separate development boards for Vidarbha, Marathwada, and Kutch regions.
Andhra Pradesh
Article 371D
Special provisions for State cadre public services and the establishment of a central university in Hyderabad.
Karnataka
Article 371J
Special provisions for Hyderabad-Karnataka region for balanced development.
Goa
Article 371I
Special provision for Goa Legislative Assembly to exercise powers.
Significance of Special Provisions
Area
Importance
Protection of Identity
Ensures that unique social, cultural, and religious practices are not lost.
Development
Focuses on economic and social welfare of backward and tribal areas.
Federal Balance
Strengthens federalism by giving states autonomy over certain matters.
Challenges and Criticism
Confusion about Special Status: Special provisions like Article 370 created confusion regarding the integration of J&K with India.
Misuse of Provisions: Some provisions were criticized for being excessively broad and susceptible to misuse.
Lack of Integration: In some cases, the special status of states led to slow integration of local populations with the mainstream national development.
Conclusion
Special provisions for some states in the Indian Constitution help maintain their unique identity, but should also ensure uniform development across all states.
As India grows and modernizes, balancing regional autonomy with national unity will remain an ongoing challenge.
“Unity in diversity is the core strength of India’s Constitution.“
Important Quick Facts for Prelims & Mains
Fact
Detail
Article 370
Special provisions for Jammu & Kashmir
Article 371A
Special provisions for Nagaland
Article 371B
Special provisions for Assam
Article 371F
Special provisions for Sikkim
Article 371J
Special provisions for Karnataka (Hyderabad-Karnataka region)