ROLE OF GOVERNOR IN IMPOSING PRESIDENT RULE IN STATES: A CRITICAL STUDY
Authors/Creators
- 1. Dept. of Law, School of Legal Studies and Governance, Career Point University, Hamirpur, H. P., India.
- 2. Associate Professor of Law, Dept. of Law, Faculty of Law and Legal Studies, SBU, Ranchi, Jharkhand, India.
Description
ABSTRACT
To account for the great sociocultural variety of the country, the Indian Constitution creates a quasi-federal structure that strikes a balance between unitary and federal elements. When the constitutional machinery of a state fails, Article 356 gives the Union Government the authority to impose President's Rule, typically based on the governor's report. Although it was designed as an emergency measure to preserve constitutional order and governance, its abuse for political purposes has sparked worries about the relationship between the Center and the State. The Governor's role in proposing the President's Rule, the President's discretion under Article 356 and the judicial review of such proclamations are all critically examined in this essay. Originally established as a colonial institution, the governor's office has historically maintained discretionary authority after independence, but with restrictions imposed by the constitution. Under Article 356(1), the Governor may unilaterally report to the President if state government violates constitutional standards, although in most cases, the Governor must follow the State Council of Ministers' recommendation. Guidelines have been established by court decisions like S.R. Bommai v. Union of India, which place a strong emphasis on objective evidence, the use of last resort, and the use of floor tests in determining majority support. Sarkaria and other commissions have warned against political abuse and advocated for legislative oversight and procedural protections. Using a doctrinal research approach, the study consults commission reports, case law, constitutional text, and academic opinion. It concludes that although protections including judicial scrutiny, legislative approval, and constitutional obligations are in place, they are nonetheless susceptible to party influence, particularly when the Union Government appoints the governor. The study comes to the conclusion that adjustments are required even if repealing Article 356 is impossible for grounds of national integrity. Stricter requirements for governors, required adherence to commission and court norms, accelerated Supreme Court review, and making sure reports are based only on objective, verifiable facts are a few of these. In the end, Article 356 continues to be a two-edged sword: crucial for preserving constitutional government, but vulnerable to political abuse in the absence of strong, impartial implementation.
Keywords – Governor, President Rule, State, Federalism, Discretion.
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