Latest news with #Article356
The Hindu
3 days ago
- Politics
- The Hindu
How is President's Rule imposed?
The story so far: A delegation of 10 MLAs from the Manipur Assembly met the Governor of the State and pressed for the formation of a viable government in Manipur that has been under President's Rule since February 2025. What is President's Rule? Article 356 is invoked to impose President's Rule in a State after removing the State government. While there are duties cast on federal governments in the U.S. and Australia to protect the States, their constitutions do not have any provision for removing State governments. Under Article 356, the President (central government) may take over the governance of a State when it cannot be carried out in accordance with the provisions of the Constitution. The President can make such a proclamation based on a receipt of report from the Governor of a State or otherwise. The latter situation may arise under Article 365 due to failure of a State to comply with or give effect to any directions of the Union government. The proclamation of President's Rule must be approved by both Houses of Parliament within two months from the date of its issue by a simple majority. Once approved by Parliament, the President's Rule continues for six months, from the date of proclamation, unless revoked earlier. It can be extended for a further period of six months at a time by an approval of both the Houses of Parliament by a simple majority. The President's Rule cannot extend beyond a period of three years in total. What has been the history? Dr. B.R. Ambedkar during the Constituent Assembly debates wished that Article 356 would never be called into operation and that it would remain a dead letter. However, it has been a travesty that Article 356 was misused on several occasions, removing elected governments that enjoyed majority in the States, violating constitutional principles and federalism. Reasons varied from loss in Lok Sabha elections to deterioration of law and order. When it comes to the dissolution of the Legislative Assembly after imposition of President's Rule, there has been no uniformity in the approach. More than constitutional principles, it was political expediency that drove such decisions in the past. Various Governors have adopted different approaches in similar situations in regard to the dissolution of the Legislative Assembly. The advice of a Chief Minister, enjoying majority support in the Assembly, is normally binding on the Governor. However, where the Chief Minister had lost such support, some Governors have refused to dissolve the Legislative Assembly on his/her advice, while others in similar situations, accepted the advice, and dissolved the Assembly. The Assembly was dissolved in Kerala (1970) and in Punjab (1971) on the advice of the Chief Minister whose claim to majority support was doubtful. However, in more or less similar circumstances in Punjab (1967), Uttar Pradesh (1968), Madhya Pradesh (1969), and Orissa (1971), the Legislative Assembly was not dissolved immediately based on the outgoing Ministry's advice. Attempts were made to install alternative Ministries. What have the courts ruled? The Supreme Court and High Courts during the first four decades after Independence refrained from interfering in the decision of the Centre to impose President's Rule in States. It was only after a categorical judgment of the Supreme Court in the S. R. Bommai case (1994), that misuse of Article 356 has been restricted. The court in this judgment held that Article 356 should be imposed only in the event of a breakdown of constitutional machinery as distinguished from an ordinary breakdown of law and order. It also held that imposition of President's Rule is subject to judicial review and should not be misused for political reasons. It further ruled that till Parliament approves the imposition of President's Rule, the Legislative Assembly should not be dissolved, and can be only kept under suspended animation. The higher judiciary has been a watchdog, since the S. R. Bommai case, against the arbitrary use of Article 356. Notably in the case of Bihar (2005), Uttarakhand (2016) and Arunachal Pradesh (2016), the courts have struck down the wrongful imposition of President's Rule. When can it be revoked? If President's Rule is imposed because of the lack of a government with majority, then usually fresh elections are held. After elections, the President's Rule is revoked and a popularly elected government takes over the governance of the State. Manipur was placed under President's Rule in February 2025 due to the deteriorating security situation and consequent political developments in the State. The assembly, whose five-year term ends in March 2027, has been kept under suspended animation. Considering that more than 18 months are left before the assembly term expires, it would be prudent to install a government that enjoys the confidence of the assembly. More importantly, it should enjoy the confidence of different sections of society of the State. Rangarajan. R is a former IAS officer and author of 'Courseware on Polity Simplified'. He currently trains at Officers IAS Academy. Views expressed are personal.
The Print
27-05-2025
- Politics
- The Print
Congress imposed Emergency, ironic that party now speaking about democracy, free speech: BJP
Hitting back, senior BJP leader and a Union minister Pralhad Joshi wrote on X, 'It is deeply ironic that a party dominated by a single family is now speaking about democracy and freedom of speech.' He said this is the same Congress which misused Article 356 'over a hundred times' to topple democratically elected governments across the country when it was in power and also declared a 'national Emergency for personal and political gain' in 1975, suspending fundamental rights and stripping citizens of their freedoms. This came after the Congress took a swipe at the Modi government on completing 11 years in office, saying the 'undeclared Emergency' had turned 11 and the promise of 'achche din' (good days) have proven to be a 'nightmare' in reality. New Delhi, May 26 (PTI) The BJP on Monday slammed the Congress over its 'undeclared emergency' charge at Modi government, saying it is 'deeply ironic' that the Gandhi family-dominated party that imposed Emergency in 1975 for 'personal and political gain' is now speaking about democracy and freedom of speech. 'Its own government in Karnataka has issued a gag order, eerily reminiscent of the Emergency-era tactics. And now, they are targeting and attempting to arrest journalists and news anchors who express views critical of the party,' Joshi charged. Will Congress and the party's president Mallikarjun Kharge throw 'some lights' on these issues, he asked. The Congress government in Karnataka has decided to initiate a defamation case against the state BJP for allegedly indulging in false propaganda about its performance. The government in an official notification issued on Sunday has cited, alleged misinformation, distortion and lies by BJP through its campaign in visual media and print media under the title — 'charge sheet about two years failure of the state government'. The BJP accused the Congress of silencing the voice of the people in Karnataka, with Union minister Pralhad Joshi saying the state government is acting 'worse than any dictator'. In a post on X, Joshi claimed that the Congress government is trying to 'intimidate' news channel anchors and asked the ruling party why talking about its 'failures, corruption and the damage' to Karnataka's economy and politics scares it. 'A question is troubling me – has Karnataka turned into a dictatorship like Hitler's time?' the Union minister asked. With the Modi government completing 11 years in office, Congress general secretary in-charge communications Jairam Ramesh said in a post on X, 'Today is May 26, 2025. Today is Undeclared Emergency @ 11.' Kharge claimed that every section of the 140 crore people remained 'troubled' in the last 11 years. '26 May 2014 – In 11 years, by turning big 'promises' into 'empty claims', the Modi government has ruined the country in such a way that the promise of 'achche din' has now proven to be a 'nightmare',' the Congress president said in a post in Hindi on X. It was on this day in 2014 when the Prime Minister Narendra Modi took oath for the very first time. He took oath for a third term as the prime minister on June 9 last year. PTI PK PK SKY SKY This report is auto-generated from PTI news service. ThePrint holds no responsibility for its content.
Hindustan Times
27-05-2025
- Politics
- Hindustan Times
‘Good days' proved to be a nightmare: Opposition targets govt
The opposition Congress on Monday said that the Prime Minister Narendra Modi led government has turned 'grand promises' into 'hollow claims' as the Bharatiya Janata Party marked 11 years in power with Modi addressing a grand event in Ahmedabad. Hitting out at the Prime Minister, Congress president Mallikarjun Kharge said that the BJP has imposed an 'undeclared emergency'. The BJP reacted accusing the Congress of having 'misused Article 356' to topple democratically elected governments. Modi took oath as the Prime Minister in his first term on May 26, 2014, after a decade long rule of the United Progressive Alliance led by the Congress. Marking the occasion on Monday, PM Modi said, 'The people of Gujarat placed their faith in me first, and then the entire nation joined hands. Since then, I have carried that responsibility with full dedication. We have taken decisions that were once unimaginable and unprecedented... today, India stands transformed, moving forward boldly in every sector.' However, soon after PM's speech, Kharge wrote a series of posts on X. 'In 11 years, the Modi government turned grand 'promises' into hollow 'claims', leading the country to such ruin that the talk of 'good days' has now proven to be like a 'terrifying nightmare',' Kharge said, as he went on to list several allegations of 'crores [of jobs] vanished', farmers facing 'rubber bullets', women's 'safety in tatters', 'atrocities on SC/ST/OBC/Minorities', inflation, 'soured relations with every country', and destruction of autonomy of institutions. 'Every section of 140 crore people distressed… in 11 years, such has been the mark of the lotus !!' Kharge said, taking a dig at the BJP's election symbol. Congress leader Jairam Ramesh said, 'Today is May 26, 2025. The unannounced emergency at 11 is today.' Hitting back, Union minister Pralhad Joshi said, 'Isn't is deeply ironic that a party dominated by a single family is now speaking about democracy and freedom of speech?' 'This is the same Congress party that has misused Article 356 over a hundred times to topple democratically elected governments across the country,' he said. The BJP leader said that the Congress 'declared a national Emergency for personal and political gain'. 'And now, they are targeting and attempting to arrest journalists and news anchors who express views critical of the party,' Joshi said. The Trinamool Congress, a key member of the opposition INDIA bloc at the Centre, said in a post on X, 'Every promise broken, every truth silenced. 11 years of one-man show and all-India suffering.' TMC's Lok Sabha MP Saugata Roy said: 'I don't have any special observation to make on Modi's 11th year as Prime Minister. Jawaharlal Nehru was Prime Minister for 17 years and Indira Gandhi, for 15 years. I haven't seen Narendra Modi achieving anything great during his tenure.' Former minister and BJP leader Anurag Thakur, meanwhile, called it 'remarkable day marked by the rise of a visionary and powerful leadership, a day that changed the course and narrative of India.' 'From being counted among the 'Fragile Five' to emerging as one of the top four economies of the world, your remarkable statesmanship has instilled in the nation a deep sense of confidence, pride, and determination. This decade has been one of India rediscovering itself, redefining its aspirations, and reimagining its role on the global stage,' Thakur said.
India Gazette
26-05-2025
- Politics
- India Gazette
"The party that misused Article 356": Pralhad Joshi slams Congress over record on free speech, democracy
New Delhi [India], May 26 (ANI): Union Minister of Consumer Affairs, Food and Public Distribution & New and Renewable Energy, Pralhad Joshi, on Monday criticised the Indian National Congress for what he called a 'hypocritical' stance on democracy and freedom of expression. Taking to microblogging platform X, Joshi wrote, 'It is deeply ironic that a party dominated by a single family is now speaking about democracy and freedom of speech.' Joshi was replying to a post by Congress MP Jairam Ramesh in which he called the completion of 11 years of Prime Minister Narendra Modi an 'Undeclared Emergency.' He posed four pointed questions to the Congress and its president, Mallikarjun Kharge, alleging a history of democratic suppression. 'Will @INCIndia & Mr. @Kharge put some light on the following,' he wrote while referring to historical instances, he stated, 'This is the same Congress party that has misused Article 356 over a hundred times to topple democratically elected governments across the country.' He further added, 'In 1975, it declared a national Emergency for personal and political gain, suspending fundamental rights and stripping citizens of their freedoms.' Joshi also criticised the Congress-led government in Karnataka, stating, 'Its own government in Karnataka has issued a gag order, eerily reminiscent of the Emergency era tactics. And now, they are targeting and attempting to arrest journalists and news anchors who express views critical of the party.' This comes after Congress Chief Malikarjuna Kharge, in a post on X, took on the Central government and mentioned that inflation in the country is at its 'peak' whereas unemployment is on the 'rise'. He also accused the government of ruining relations with every country rather than fulfilling the promise of making India a 'Vishwa Guru'. He wrote, 'Economy - inflation at its peak, unemployment on the rise, consumption at a standstill, Make in India flopping and inequality at its peak. Foreign Policy - promised to become 'Vishwaguru' but spoiled relations with every country. Democracy - RSS attacks every pillar, misuse of ED/CBI, and autonomy of institutions destroyed. Every section of the 140 crore population is troubled. This is how the Lotus symbol has been in 11 years!!' Kharge's comment came with the completion of 11 years of Prime Minister Narendra Modi's being in office. Kharge stated that their promise of 'achchhey din' has turned out to be a 'dreadful' dream. He stated that a promise of doubling farmers' income was not fulfilled, so they had to take rubber bullets, whereas women's security is currently in 'tatters.' Kharge further alleged atrocities against the minorities of the country and believed that their participation in society is lost. '26 May 2014. In 11 years, by turning tall 'promises' into hollow 'claims', the Modi Government has ruined the country in such a way that the talk of 'achchhey din' has now turned out to be a 'dreadful dream'. Youth - promise of two crore jobs per year, in reality, crores are missing. Farmers' income did not double; on top of that, they had to take rubber bullets. Women - conditions apply to reservation, security in tatters. Weaker sections - SC/ST/OBC/minorities are facing terrible atrocities, their participation is lost,' Mallikarjun Kharge's 'X' post read. (ANI)
Hindustan Times
18-05-2025
- Hindustan Times
More than 350 insurgents nabbed in Manipur; extortion rackets target marriage and property disputes
Imphal/New Delhi, Security forces in Manipur have arrested more than 350 insurgents during intensified crackdown on extortion rackets that have taken an unusual turn, with groups mainly from the Valley now demanding money to resolve matrimonial disputes, along with traditional targets like property and "cuts" in government tenders, officials said on Sunday. These insurgents were picked from mid-February this year after the imposition of President's rule in the state. A clear instruction has been issued by the governor's administration to the general public to report any extortion attempts to the police or face legal consequences for aiding insurgents. The officials said that investigations against the more than 350 people arrested in the crackdown indicate that insurgent groups, feeling the pressure from security forces post-President's rule, are becoming more desperate for funds and more brazen in their methods. The majority of insurgents have been nabbed from Imphal East, followed by Imphal West in the valley. It's just about money, and for that, they settle personal scores, family feuds and even matrimonial disputes. If you have a problem, and you have the right connections, they become your 'solution' but for a price, of course, the officials said. Recently, a person codenamed 'Tiger' was picked up from Imphal East by Manipur police while he was busy settling a matrimonial dispute with family members of a bride and groom, the officials said. Later, he was identified as Laishram Ramesh Singh, belonging to the banned United National Liberation Front . During preliminary verification, he told the police that he joined the organisation in September 2024 and is presently working in its "finance section". The officials claimed that he confessed to being involved in extortion activities by serving monetary demands and threats and by collecting money from government officials located in and around the Imphal area, besides collecting "cuts" from business houses who had been allotted various government tenders. Two mobile handsets and ₹21,50,000 of extortion money were recovered from him. The officials said the insurgent groups were continuously evolving and exploiting technology and one of the tactics involved obtaining SIM cards with false documentation from any northeastern state and using them to make Voice over Internet Protocol calls routed through Wi-Fi networks on WhatsApp, Telegram, etc. The victims would receive a call, seemingly from across the border, and be given a code. They were then instructed to hand over the demanded money to whoever presented that code, the officials said. In some of the instances, some shady civil society groups were involved in the collection of extortion amounts that were subsequently passed on to the insurgent groups after some cuts, the officials said. President's rule was imposed in the northeastern state in February this year under Article 356, following the resignation of Chief Minister N. Biren Singh, a move meant to bring order in the state hit by ethnic strife. But the path to peace was proving to be a treacherous one, said an official and reasoned that the immediate trigger may have been the escalating violence between the Valley-based Meitei community and the Hill-based Kuki-Zo groups but beneath the surface there was a more insidious problem the rampant extortion by insurgent groups, both Meitei and Kuki, that had plagued Manipur for years. The Assam Rifles, which is also an important pillar of the law and order machinery in Manipur, has arrested 77 such insurgents indulging in extortion, including seven from Hill-based groups from Churachandpur. The officials said that the extortion was mainly being carried out by the cadres of the banned UNLF, People's Liberation Army , Kanglei Yawol Kanba Lup and People's Revolutionary Party of Kangleipak in the state. These near-dormant Meitei groups saw resurgence during the turmoil that rocked the state in May 2023. They said that, at present, the UNLF has a cadre strength of 530, followed by PLA with 450, and KYKL with 25, who are active within the groups of the majority community. While the UNLF has in the past been largely involved in extortion, targeting contractors and businessmen, the PLA, which initially took shape under the name of 'Polei', the ancient name of Manipur, had an aim to "liberate Manipur" and establish an independent Meitei land in Imphal valley. The KYKL, which runs on extortion and openly supports other terror groups, is considered a mercenary group with no ideology and cadres mainly drawn from criminals and drug addicts. The PREPAK, which has been banned by the government for its secessionist ideology of so-called liberation of Manipur and whose funding mainly comes from extortion of businessmen, especially pharmacies, indulged mainly in drug trafficking and smuggling. This terror group is also involved in extortion on behalf of the PLA and the UNLF and passes the amount after retaining a share. Among the Kuki-based groups indulging in extortion and drugs are Chin Kuki Mizo Army and Chin Kuki Liberation Army .
