The President's Rule is a constitutional provision, also known as a State Emergency or Constitutional Emergency, that allows the central government to take direct control of a state's administration. Its origin is traced to Section 93 of the Government of India Act, 1935, which empowered the Governor-General to assume provincial administration during a constitutional breakdown. The framers of the Constitution included this power, primarily under Article 356, to ensure that the government of every state is carried on in accordance with the provisions of the Constitution, as mandated by Article 355. Dr. B.R. Ambedkar had hoped it would remain a "dead letter," to be used only as a last resort.
The mechanism is triggered when the President is satisfied, either based on a report from the state's Governor or otherwise, that a situation has arisen where the state government cannot function according to the Constitution. A proclamation of President's Rule must be approved by both Houses of Parliament within two months. Once approved, it is initially valid for six months and can be extended for a maximum of three years with parliamentary approval every six months. The 44th Amendment Act of 1978 introduced a constraint, stipulating that the rule cannot be extended beyond one year unless a national emergency is in effect or the Election Commission certifies that elections cannot be held.
During President's Rule, the state's Council of Ministers is dismissed, and the President assumes the functions of the state government, which are typically exercised through the Governor. The powers of the State Legislature are then exercised by or under the authority of Parliament. A major change in the application of this provision came with the landmark judgment in S.R. Bommai v. Union of India (1994), where the Supreme Court ruled that the proclamation under Article 356 is subject to judicial review and can only be invoked in cases of genuine constitutional breakdown, not for political reasons. The court also affirmed that the majority of a government must be tested on the floor of the Assembly, not by the subjective opinion of the Governor. More recently, the Supreme Court in 2023 affirmed that the President has the power to make irreversible changes, including the dissolution of a state assembly, once the proclamation is approved by Parliament, though the proclamation itself remains subject to judicial review.