Introduction- In the draft constitution of India, many provisions enabling the
Union Government to issue directions to the states during normal times as
well as during emergency were proposed to be included. But the draft was silent
as to the nature and extent of the power to be conferred on the Union
Government.
Article 365 says, where any
state has failed to comply with, or to give effect to, any directions given in
the exercise of the executive power of the central government under any of the
provisions of the constitution, it shall be lawful for the President to hold
that a situation has arisen in which the government of the state cannot be
carried on in accordance with the provisions of the constitution.
Precisely, article 365 imposes a restriction on states to follow
executive authority of center.
This Article can be validly be invoked only if:
Any direction is given by Union Government in the valid exercise
of its power under any of the provisions of the constitution and such directions have not been compiled with or given effect by the state.
President can only act in such conditions
1- The president should exercise this drastic power in a reasonable
manner with due care and circumstances, including the response, if any, of
the state government to the direction. In response to the direction the state
government might satisfy the president that the direction has been issued on
wrong facts or misinformation, or that the required correction has been
affected.
2- The president should also keep in mind that every insignificant
deviation from the constitutional path or technical contravention of
constitutional provisions by the functionaries of the state government would
not necessarily and reasonably lead one to hold that the government in the
state.
3- The extra ordinary powers under Article 365 are necessary but
should be exercised with great caution and in only in extreme cases.
Parliamentary Approval
Every proclamation to impose president rule shall be laid down
before each house of parliament and must get approval in two months from
date is issue.
Provided that at the time of proclamation the Lok Sabha has been
dissolved or dissolution of Lok Sabha takes place in mean time (i.e. within two
months from date of issue) then it must get approval of Rajya Sabha within 2
months. But such proclamation shall cease to operate after 20 days from first
sitting of Lok Sabha and after its reconstitution if the proclamation does not get approval of Lok
Sabha in 30 days.
Duration of President Rule
1- If approved by both houses
of parliament then president rule shall continue for 6 months and can be
renewed for maximum of 3 years by approval of parliament after every 6 months.
2- For Renewal it must be
passed by both houses of parliament by simple majority.
3- Termination – the president rule can be revoked by president anytime he thinks
fir before it ceases to operate.
4- 44th Constitutional
Amendment 1978 – it introduced some constraints to impose president rule beyond
period of 1 year. The president rule can’t be imposed in any state beyond 1
year unless a proclamation of national emergency is in operation in the whole
of India. Or, The case may be in the whole or any part of the state at the time
of the passing of such resolution.
Explaining the meaning of Article 365 Sawant, J. in S.R. Bommai v.
Union of India
It is observed that Article 365 is more in the nature of a deeming
provision. It further stated that failure to comply with or to give effect
to the directions given by the Union under any of the provisions of the
Constitution is one of the situations contemplated by the expression
"Government of the State cannot be carried on in accordance with the
provisions of this Constitution" occurring in Article 356.
Conclusion
It needs to be remembered that only the spirit of "cooperative
federalism" can preserve the balance between the Union and the States
and promote the good of the people and not an attitude of dominance or
superiority. Under our constitutional system, no single entity can claim
superiority. Sovereignty doesn't lie in any one institution or in any one wing
of the government. The power of governance is distributed in several organs and
institutions - a sine qua non for good governance.
