GS2 · 15 marks · 250 words

"President's Rule is a constitutional mechanism to deal with governance failure, not political convenience." Under what circumstances can President's Rule be imposed in a State? Discuss the constitutional safeguards and judicial verdicts associated with it.

Answered by 4 toppers · CSE 2023–2025

Syllabus: Indian Constitution—historical underpinnings, evolution, features, amendments, significant provisions and basic structure.

How toppers approached it

From all 4 answers · about 260 words · 50% drew a diagram.

Opening

  • No separate opening2 of 4
  • A date or context1 of 4
  • A quotation1 of 4

Body

  • Points and prose2 of 4
  • Points2 of 4

Close

  • A way forward2 of 4
  • No separate close1 of 4
  • A summary1 of 4

The toppers’ answers

Pakshal SecretryAIR 8 · CSE 2025 · 192 wordsTheir whole copy

Opening · a quotation

"Centre should not perform surgery for mere mosquito bite" — H.V. Kamath

Article 356 allows for imposing of President's Rule in case of failure of constitutional machinery in state.

Body · points and prose

Circumstances

  1. failure of constitutional Machinery in the state
  2. Violation of fundamental feature of constitution eg Secularism
  3. Governor's report highlighting failure of mechanism
Diagram
* Process of President's Rule * Governor's Report * Advice of COM * President's Order

Constitutional safeguards

  1. Should be 'clean breakdown' of constitutional machinery
  2. Power of President to ask COM for reconsideration eg KR Narayanan in Bihar Emergency
  3. Only on aid & advice of Council of Minister can it be imposed
Diagram
- Safeguard by Sarkaria Committee - Governor's report should be speaking document - first warning in strict terms - use Act 356 as matter of last resort

Judicial Verdicts

(A) SR Bommai Case (1993) → ① Allowed Judicial Review of decision ② Governor should have objective proof of breakdown ③ Court could reverse Presidential Rule if wrongly applied

(B) Rameshwar Prasad Case ④ Limitation on discretion of governor ⑤ Should be used as matter of last resort

(C) Nabam Rebia Case (2016) ⑥ Majority at floor of house and not speaker's chamber ⑦ governor should try and see all possibility of government formation before recommending Article 356.

Close · a way forward

Thus, recommendation of Sarkaria Committee should be followed in spirit to keep Article 356 a dead letter of constitution.

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