PRESIDENT’S RULE IN MAHARASHTRA

Nov. 14, 2019

While recommending President’s Rule in Maharashtra, Governor Bhagat Singh Koshyari noted that a situation has arisen when the formation of a stable government is not possible even 15 days after the election results had been declared.

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President’s Rule implies the suspension of a state government and the imposition of direct rule of the Centre.
This is achieved through the invocation of Article 356 of the Constitution by the President on the advice of the Union Council of Ministers.
Under Article 356, this move can be taken If the President, on receipt of the report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution.
A proclamation of President’s Rule can be revoked through a subsequent proclamation in case the leader of a party produces letters of support from a majority of members of the Assembly, and stakes his claim to form a government. The revocation does not need the approval of Parliament.
Any proclamation under Article 356 —which stands for six months — has to be approved by both Houses in the Parliament session following it. This six-month time-frame can be extended in phases, up to three years.