President’s Rule Mechanics
The different conditions under which the President’s Rule can be imposed in a state are:
- When the legislature is not able to elect one leader as the Chief Minister
- When elections in the state are postponed for inescapable reasons
- When there is a loss of majority in the assembly
If both Houses approve, then the President’s Rule can go on for 6 months in a state. With Parliament’s approval to be obtained every 6 months, it can even continue for a maximum of 3 years. If the Lok Sabha gets dissolved during this time, then the Rule will hold valid for 30 days from the first sitting of the new Lok Sabha if continuance of the President’s Rule has already been approved by the Upper House. The 44th Amendment Act of 1978 provided a new rule for putting a restriction on the Parliament’s power to extend the President’s Rule. The 1978 amendment says that the rule can only be continued for over one year in every six months.