Article 356

 

President’s Rule refers to the imposing of Article 356 of the Indian Constitution on a state where ‘constitutional machinery’ has failed. Whenever the government of a state cannot function in accordance with the constitution, the state will come under the direct control of the central government or the Government of India. That is, the state is under the ‘President’s Rule’. In this scenario, the central government exercises executive authority through the Governor who is appointed by the GOI. The governor has the right to appoint retired civil servants or other persons to assist him/her in the state’s administration. This is in contrast to the regular functioning of the state when the governor is merely a nominal head of the state government and the real executive power rests with the chief minister and his council of ministers. Article 356 is one of the articles under the constitution’s emergency provisions. It is in Part XVIII.