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PRESIDENT RULE IMPOSED IN PUDUCHERRY

PRESIDENT RULE IMPOSED IN PUDUCHERRY

Diksha Sharma March 1, 2021 10 MINUTES

PRESIDENT RULE IMPOSED IN PUDUCHERRY

PRESIDENT RULE IMPOSED IN PUDUCHERRY

President’s Rule has been imposed in the Union Territory of Puducherry, on the recommendation of the Lieutenant Governor, after the established government lost power during a vote of confidence. The President was satisfied that a situation had arisen in which the administration of the Union Territory of Puducherry could not carry on in accordance with the provisions of the Government of Union Territories Act, 1963. The Government of Union Territories Act, 1963 enacted by the Parliament in accordance with the provisions of article 239A.

 

ADMINISTRATION OF THE UNION TERRITORIES

Article 239 to 242 under Part VIII of the Indian Constitution deals with the administration of Union Territories. Every union territory is administered by the President acting through an administrator appointed by him. An administrator of a union territory is an agent of the President and not head of state like a governor. The President can specify the designation of an administrator; it may be Lieutenant Governor or Chief Commissioner or Administrator. The Union Territories of Puducherry (in 1963), Delhi (in 1992) and Jammu and Kashmir (in 2019) are provided with a legislative assembly and a council of ministers headed by a chief minister. But, the establishment of such institutions in the union territories does not diminish the supreme control of the President and Parliament over them. The Parliament can make laws on any subject of the three lists (including the State List) for the union territories.

Provision in Case of Failure of Constitutional Machinery (as per the 1963 Act): If the President, on receipt of a report from the Administrator of (the Union territory) or otherwise, is satisfied― that a situation has arisen in which the administration of the Union territory cannot be carried on in accordance with the provisions of this Act, or that for the proper administration of the Union territory it is necessary or expedient so to do, The President may, by order, suspend the operation of all or any of the provisions of this Act for such period as he thinks fit, and Make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the Union territory in accordance with the provisions of Article 239.

 

PRESIDENT'S RULE IMPOSED IN A STATE

PRESIDENT'S RULE IMPOSED IN A STATE

President’s Rule implies the suspension of a state government and the imposition of direct rule of the Centre. It is also known as ‘State Emergency’ or ‘Constitutional Emergency’. The President’s Rule is imposed through the invocation of Article 356 of the Constitution by the President on the advice of the Union Council of Ministers. Under Article 356, President’s Rule is imposed if the President, upon receipt of the report from the Governor of the State or otherwise, 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.

Parliamentary Approval and Duration: A proclamation imposing President’s Rule must be approved by both the Houses of Parliament within two months from the date of its issue. The approval takes place through simple majority in either House, that is, a majority of the members of the House present and voting. Initially valid for six months, the President’s Rule can be extended for a maximum period of three years with the approval of the Parliament, every six months.

Consequences of President’s Rule: The state governor, on behalf of the President, carries on the state administration with the help of the chief secretary of the state or the advisors appointed by the President. The President can declare that the powers of the state legislature are to be exercised by the Parliament. The President either suspends or dissolves the state legislative assembly.

Revocation: A proclamation of President’s Rule may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval. This happens, in case, the leader of a party produces letters of support from a majority of members of the Assembly, and stakes his claim to form a government.

 

RECOMMENDATIONS & JUDGEMENTS ON PRESIDENT'S RULE

RECOMMENDATIONS & JUDGEMENTS ON PRESIDENT'S RULE

The Administrative Reforms Commission (1968) recommended that the report of the governor regarding the President's rule has to be objective and also the governor should exercise his own judgment in this regard. The Rajamannar Committee (1971) recommended the deletion of Articles 356 and 357 from the Constitution of India. The necessary provisions for safeguards against arbitrary action of the ruling party at the Centre under Article 356 should be incorporated in the Constitution. The Sarkaria Commission (1988) recommended that Article 356 should be used in very rare cases when it becomes unavoidable to restore the breakdown of constitutional machinery in the State. The Supreme Court enlisted the situations where the exercise of power under Article 356 could be proper. One such situation is that of ‘Hung Assembly’, i.e. where after general elections to the assembly, no party secures a majority.

Justice V.Chelliah Commission (2002) recommended that Article 356 must be used sparingly and only as a remedy of the last resort after exhausting all actions under Articles 256, 257 and 355. The Punchhi commission (2007) recommended that these Articles 355 & 356 be amended. It sought to protect the interests of the States by trying to curb their misuse by the Centre.

 

QUESTIONS (1-5)

Q.1 Due to which of the following reasons the state Emergency or the President's rule was recently imposed in Puducherry?

  1. There is a situation of contention between Centre & the Union Territory.
  2. The established government lost power during a vote of confidence: ANSWER
  3. Due to resignation of Kiran Bedi from the post of Lieutenant Governor of the UT.
  4. None of the above

 

Q.2 Consider the following statements and state which of the following is correct in the context of Administration of the Union Territories?

  1. Article 243 to 255 under Part VIII of the Indian Constitution deals with the administration of Union Territories.
  2. An administrator or the Lieutenant Governor of the union territory holds the same power as Governor of a State.
  3. The Union Territories of Puducherry, Delhi and Jammu and Kashmir are provided with a legislative assembly and a council of ministers headed by a chief minister: ANSWER
  4. None of the above

 

Q.3 In which of the following situations is the use of the provisions of imposing the State Emergency or the President’s Rule is permissible?

  1. Mal-administration in the state or allegations of corruption against the ministry or stringent financial exigencies of the state.
  2. Hung Assembly.
  3. Constitutional direction of the Central government is disregarded by the state government.
  1. I & II follows
  2. I & III follows
  3. II & III follows: ANSWER
  4. None of the above

 

Q.4 Which of the following commission was appointed by the Janta Party government to investigate the circumstances that warranted the declaration of an Emergency in 1975?

  1. Shah Commission: ANSWER
  2. Sarkaria Commission
  3. Mukherjee Commission
  4. Kothari Commission

 

Q.5 Which of the following statements is correct in the context of the judgement proposed by the Supreme Court in the Bommai Case (1994)?

  1. The burden lies on the Centre to prove that relevant reasons exist to justify the imposition of the President’s Rule.
  2. The state legislative assembly should be dissolved only after the Parliament has approved the presidential proclamation.
  3. A state government pursuing anti-secular politics is liable to action under Article 356.
  4. All of the above: ANSWER