President's Rule
Article 356 and the Constitutional Framework
Article 356 of the Constitution empowers the President to assume the functions of a State Government if the President is satisfied that the governance of the state cannot be carried on in accordance with the provisions of the Constitution. Historically, Article 356 was widely misused for political purposes — dismissing Opposition governments — prompting the Supreme Court's landmark ruling in S.R. Bommai v. Union of India (1994), which imposed significant judicial safeguards. The nine-judge constitutional bench (led by Justice P.B. Sawant, with concurring opinions) held that: (i) the President's satisfaction must be objective and based on material facts; (ii) imposition of President's Rule is subject to judicial review; (iii) the State Assembly cannot be dissolved until Parliament approves the proclamation; and (iv) a floor test must be conducted before dismissing a government whenever practicable.
- Article 356: President's Rule imposed when President is "satisfied" (on Governor's report or otherwise) that state government cannot be carried on per the Constitution
- Article 356(3): Proclamation must be approved by both Houses of Parliament within two months by simple majority (majority of those present and voting)
- Article 356(4): Once approved, continues for 6 months; can be extended up to 3 years total with parliamentary approval every 6 months
- After 1 year, Parliament's approval must be accompanied by a national emergency or an Election Commission certification that elections cannot be held
- S.R. Bommai v. Union of India (1994): Nine-judge bench; Presidential Rule subject to judicial review; floor test mandated before dismissal; Assembly cannot be dissolved before parliamentary ratification
● Tracked since February 03, 2026 · last seen March 07, 2026 · updates as the daily brief publishes