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Indian Polity / Governor — UPSC Mains Model Answer

Polity · UPSC CSE
Question: Governor's role during President's Rule under Article 356 — constitutional provisions, powers, and safeguards

Introduction

Article 356 of the Constitution empowers the President to assume governance of a State when constitutional machinery fails. The Governor's role in this process is both the trigger and the operational instrument of Central intervention.

Body

1. Governor's Report as the Trigger

The proclamation of President's Rule is typically based on the Governor's report to the President, making the Governor the primary constitutional link between State conditions and Central action. However, the President can also act on independent information, making the Governor's report sufficient but not strictly necessary. The Supreme Court in the S.R. Bommai case established that such proclamations are subject to judicial review.

2. Governor as Presidential Agent

Once President's Rule is proclaimed, the Governor exercises executive and legislative powers on behalf of the President. Parliament may delegate the power to make laws for the State to the President, who in turn may authorise the Governor to exercise such legislative functions. This transforms the Governor from a constitutional head into a direct executive agent.

3. Fate of the State Legislature

Dissolution of the State Legislature is not automatic upon proclamation of President's Rule. The Legislature may be suspended or dissolved, but this requires a specific decision — the proclamation itself does not dissolve it by default. This distinction is constitutionally significant and was reinforced in the Bommai judgment to prevent irreversible political consequences.

4. Safeguards and Parliamentary Oversight

The proclamation must be approved by both Houses of Parliament within two months and is valid for a maximum of three years under specified conditions. These safeguards prevent misuse of Article 356 as a political instrument against State governments.

Conclusion

The Governor's role under Article 356 is pivotal yet bounded by constitutional safeguards and judicial oversight. Balancing federal principles with the need for emergency intervention remains a continuing governance challenge requiring institutional restraint.

Word count: 279

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