Article 356 - President’s Rule

Article 356, also known as the imposition of President’s Rule in states has become a frequent topic in the news. This is hence, a very important topic for the UPSC exam. It is a part of the polity and governance segments of the UPSC syllabus.

In this article, you can read all about Article 356 and the President’s Rule in India, its mechanics, importance, misuse, etc.

Article 356

Article 356 of the Constitution of India is based on Section 93 of the Government of India Act, 1935.

According to Article 356, President’s Rule can be imposed on any state of India on the grounds of the failure of the constitutional machinery. This is of two types:

1. If the President receives a report from the state’s Governor or otherwise is convinced or satisfied that the state’s situation is such that the state government cannot carry on the governance according to the provisions of the Constitution.
2. Article 365: As per this Article, President’s Rule can be imposed if any state fails to comply with all directions given by the Union on matters it is empowered to.

In simple words, President’s Rule is when the state government is suspended and the central government directly administers the state through the office of the governor (centrally appointed).

It is also called ‘State Emergency’ or ‘Constitutional Emergency’.

President’s Rule 

Parliamentary approval is necessary for the imposition of President’s Rule on any state. The proclamation of President’s Rule should be approved in both Houses of the Parliament within two months of its issue. The approval is through a simple majority.

The President’s Rule is initially for a period of six months. Later, it can be extended for a period of three years with parliamentary approval, every six months.

The 44th Amendment to the Constitution (1978) brought in some constraints on the imposition of the President’s Rule beyond a period of one year. It says that President’s Rule cannot be extended beyond one year unless:

1. There is a national emergency in India.
2. The Election Commission of India certifies that it is necessary to continue the President’s Rule in the state because of difficulties in conducting assembly elections to the state.

What happens after President’s Rule is imposed?

• The governor carries on with the administration of the state on behalf of the President. He or she takes the help of the state’s Chief Secretary and other advisors/administrators whom he or she can appoint.
• The President has the power to declare that the state legislature’s powers would be exercised by the Parliament.
• The state legislative assembly would be either suspended or dissolved by the President.
• When the Parliament is not in session, the President can promulgate ordinances with respect to the state’s administration.

When is President’s Rule imposed?

It has been seen that the President’s Rule has been imposed when any one of the following circumstances have occurred:

1. The state legislature is not able to elect a leader as the Chief Minister for a time prescribed by the state’s governor.
2. Breakdown of a coalition in the state government, that leads to the CM having minority support in the legislature, and the CM is unable to prove his majority within the time prescribed by the governor.
3. A no-confidence vote in the legislative assembly leading to a loss of majority.
4. Postponement of elections owing to unavoidable reasons such as a natural disaster, epidemic or war.
5. Article 365 (explained above)

Revocation of President’s Rule

President’s Rule can be revoked anytime after such a proclamation has been made by a subsequent proclamation by the President. A proclamation of revocation does not require approval by the Parliament.

This occurs when the leader of a political party produces letters indicating majority support for him in the assembly and stakes his claim to form the state government.

Misuse of Article 356

Article 356 gave the Central government wide powers to stamp its authority on the state governments. Although it was meant only as a means to preserve the integrity and unity of the country, it had been used blatantly to oust state governments who were ruled by political opponents of the centre. 

• It was used for the first time in 1951 in Punjab. Between 1966 and 1977, Indira Gandhi’s government used it about 39 times against various states. 
• In the S.R. Bommai case (1994), the Supreme Court of India put forth strict guidelines for the imposition of Article 356.
  • The proclamation (of President’s Rule) is subject to judicial review on grounds of mala fide intention.
  • The imposition of Article 356 should be justified by the centre.
  • The court has the power to revive the suspended or dissolved state government if the grounds for the imposition is found to be invalid and unconstitutional.
  • The state assembly cannot be dissolved before parliamentary approval for the imposition of Article 356 and the President can only suspend the assembly.
  • Serious allegations of corruption against the state ministry and financial instability are not grounds for the imposition of Article 356.
  • Any action by the state government that leads to the security of secularism (which is a basic feature of the Constitution) cannot be grounds for the use of Article 356.
  • Article 356 cannot be used to sort out any intraparty issues in the ruling party.
  • If the Ministry of the state resigns or is dismissed or loses the majority, then the governor cannot advise the President to impose this article until enough steps are taken by the governor for the formation of an alternative government.
  • The power under Article 356 is to be used only in case of exigencies. It is an exceptional power.
• There have also been subsequent judgements of the SC that have limited the room for the misuse of this Article.
• The Sarkaria Commission Report (1983) recommended that Article 356 should be used “very sparingly” and only as a last resort.
  • The President’s proclamation of President’s Rule should include reasons as to why he thinks the state cannot run normally.
  • Whenever possible, the centre should give the state government a warning before imposing Article 356.
  • The Article should not be used for settling political scores.
  • The commission recommended the amendment of the article in order for the President to be authorised to dissolve the state legislature only after getting parliamentary approval.
• The Punchhi Commission recommended that the centre should try to bring only a specific troubled area under its jurisdiction and that too for a brief period, not more than three months.
  • The commission recommended that suitable amendments should be made to incorporate the guidelines established by SC in the Bommai case.
  • The commission recommended the provision of a ‘Localized Emergency’ which implies that the centre can tackle issues at town/district (local) level without dissolving the state legislative assembly while at the same time, performing the duty of the Union to protect States as per Article 355.

Money Bill in India

Money Bill in India - Indian Polity Notes

Money Bill is defined in Article 110 of the Indian Constitution. Money bills are concerned with financial matters like taxation, public expenditure, etc. The bill is significant for Indian Polity and governance as many important issues like Aadhar Bill, Insolvency and Bankruptcy Bill are also related to it. Questions from this topic have time and again surfaced in the IAS Exam. The topic ‘Money Bill’ is important for all three stages of examination- Prelims, Mains and also Interview.

This article will mention the details of Money Bill in India, its definition and how it is different from Financial Bill (Article 117 (1) & Article 117 (3)). The information provided will be helpful for IAS aspirants for UPSC Political Science which is an important subject for prelims, mains GS-II and Polity optional.

What is a Money Bill in India?

In Indian Constitution, Article 110 deals with Money Bill in India. There are few provisions for a bill to be deemed as a money bill. The provisions that make a bill a money bill in India are given below:

S.No	Provisions for Money Bill in India
1	The imposition, abolition, remission, alteration or regulation of any tax
2	The regulation of the borrowing of money by the Union government
3	The custody of the Consolidated Fund of India or the contingency fund of India, the payment of money into or the withdrawal of money from any such fund
4	The appropriation of money out of the Consolidated Fund of India
5	Declaration of any expenditure charged on the Consolidated Fund of India or increasing the amount of any such expenditure
6	The receipt of money on account of the Consolidated Fund of India or the public account of India or the custody or issue of such money, or the audit of the accounts of the Union or of a state
7	Any matter incidental to any of the matters specified above

There have been questions from this topic in UPSC Prelims before, and are expected in UPSC 2020 too. IAS aspirants should focus on facts related to money bill which will be given in the latter part of the article.

Article 110 of Indian Constitution also gives provisions following which a bill cannot be deemed as a money bill. Those provisions are given below:

S.No	Bill is not a Money Bill when it provides for
1	Imposition of fines or other pecuniary penalties
2	Demand or payment of fees for licenses or fees for services rendered
3	Imposition, abolition, remission, alteration or regulation of any tax by any local authority or body for local purposes

Financial Bill – Article 117 of Indian Constitution

Financial Bills are dealt under articles 117 (1) and article 117 (3.) Though Money Bill is a species of financial bill however, not all financial bills are money bill. These bills are categorized as:

1. Financial Bills (I)- Article 117 (1)
2. Financial Bills (II)- Article 117 (3)

Facts about Financial Bills (I):

• It is defined as a bill that contains matters not only related with Article 110 (Money Bill) but also other matters of finances.
• Its similarity with money bill:
  • It is introduced only in Lok Sabha similar to Money Bill
  • It is introduced only on the recommendation of President
• Its difference with money bill:
  • It can be either rejected or amended by the Rajya Sabha which is not the case with money bill
  • There is a provision of joint sitting summoned by President in case of deadlock
  • President can give his assent, withhold the bill or can even return the bill for reconsideration

Facts about Financial Bills (II):

• It is defined as bill that solely deals with provisions involving expenditure from Consolidated Fund of India and does not include any matter of money bill (Article 110.)
• It is treated as ordinary bill in all respects unlike Financial Bill (I)
• Special Feature: It cannot be passed by either houses of the Parliament unless President has recommended them for consideration of the bill
• It can be either rejected or amended by either House of Parliament
• There is a provision of joint sitting summoned by President in case of deadlock
• President can give his assent, withhold the bill or can even return the bill for reconsideration

These bills are important to understand as they form an important stage to know how a bill is passed in Indian Parliament. After knowing what money bill and finacial bill are, read below to know the difference between the two

Difference Between Money Bill & Financial Bill in India for UPSC

Till now we have understood that all money bills are financial bills but not all financial bills are money bills. To get more clarity, aspirants are advised to follow the table given below:

Difference	Money Bill	Financial Bill
Article	Article 110	Article 117 (I) Article 117 (II)
Meaning	Exclusively deals with the financial matters prescribed under Article 110	Deals with the provisions of revenue and expenditure
Form	Government Bill	Ordinary Bill
Introduced In	Lok Sabha Only	Bills under Article 117 (1) can be introduced in Lok Sabha only Bills under Article 117 (3) can be introduced in both the houses.
President’s Prior Approval	Required	Required
Speaker’s Certification	Yes	No
Rajya Sabha’s Role	No Role	Same role as that of Lok Sabha
Joint Sitting	No Provision	Yes, if any deadlock

After President’s assent, these bills become the act and are published in the Indian Statute Book.

Why is 42nd Amendment called ‘Mini Constitution’?

Why is 42nd Amendment called ‘Mini Constitution’?

The 42nd amendment attempted to alter the basic structure of the Indian Constitution. Check the table below to read what all amendments were brought by the constitution act, 1976 because of which it was called the mini-constitution:

Changes in Provisions by 42nd Amendment Act	Details of the Amendment
Preamble	Words ‘Socialist’, ‘Secular’ and ‘Integrity’ added
7th Schedule	Transferred five subjects from the state list to the concurrent list: Education Forests Weights & Measures Protection of Wild Animals and Birds Administration of Justice
Article 51A	10 Fundamental Duties added for the citizens. (The Fundamental Duties of citizens were added upon the recommendations of the Swaran Singh Committee that was constituted by the government in 1976)
Parliament	Made President bound to the advice of the cabinet Allowed Centre to deploy central forces in State to deal with the conflicting situations of law and order (Article 257A) Gave special discriminatory powers to the speaker of Lok Sabha and Prime Minister (Article 329A) Directive Principles were given precedence over Fundamental Rights and any law made to this effect by the Parliament was kept beyond the scope of judicial review by the Court
Judicial Powers of HC	Curtailed the judicial review power of the high courts
Articles 323A and 323B, Part XIV-A	Part XIV-A added entitled as ‘Tribunals dealing with Administrative matters’ and ‘Tribunals for other matters’
DPSPs	Four new DPSPs were added to the existing list of DPSPs: To secure opportunities for the healthy development of children (Article 39) To promote equal justice and to provide free legal aid to the poor (Article 39 A) To take steps to secure the participation of workers in the management of industries (Article 43 A) To protect and improve the environment and to safeguard forests and wildlife (Article 48 A)

The 42nd amendment to the Indian Constitution is an important topic for UPSC 2020 as understanding this amendment makes a foundation for aspirants to understand the subsequent amendments brought in the Indian Constitution. Thus, it will help candidates prepare easily for UPSC Political Science.

How is 44th Amendment Act related to 42nd Amendment Act?

44th Amendment Act was introduced in the year 1978 by the government. The act was brought to nullify the amendments made by 42nd Amendment Act 1976:

• It reversed the provision made by 42nd amendment act that allowed the government to amend the constitution on its wish by Article 368. 44th Amendment Act nullified this unjustified power to the government.
• 44th Amendment Act removed Right to Property from the list of fundamental rights and made it a legal right.
• Previously, the grounds for declaration of national emergency were external aggression and internal disturbances but the 44th amendment replaced the word ‘internal disturbances’ with the word ‘armed rebellion’.
• Article 226 was amended to restore to the High Courts their power to issue writs for any other purpose besides the enforcement of fundamental rights.
• 44th Amendment Act modified the Constitutional emergency provisions and prevented them from being misused in the future. It restored the Supreme Court and High Courts’ jurisdiction and power which they enjoyed before the 42nd amendment act was passed. It restored the secular and democratic ideals present in the Constitution.
• The 44th Amendment Act of 1978 added one more Directive Principle, which requires the State to minimize inequalities in income, status, facilities, and opportunities (Article 38).
• The 42nd and 44th Amendment Acts of 1976 and 1978 respectively have made the ministerial advice binding on the president
• The 44th Amendment Act of 1978 introduced a new provision to put a restraint on the power of Parliament to extend a proclamation of President’s Rule beyond one year. Thus, it provided that, beyond one year, the President’s Rule can be extended by six months at a time only when the following two conditions are fulfilled.

42nd Amendment of Indian Constitution.

42nd Amendment Act, 1976 is one of the most important amendments to the Indian Constitution. It was enacted by Indian National Congress headed by Indira Gandhi then. Due to the large number of amendments this act has brought to the Indian Constitution, it is also known as ‘Mini-Constitution.’ The topic ‘42nd Amendment Act’ also called The Constitution Act, 1976 is significant for IAS Exam as it is an essential part of UPSC Political Science for Prelims, Mains GS-II, and also Political Science optional papers.

This article will answer a few questions related to the forty-second amendment of the constitution of India that can help IAS aspirants in understanding various sections of Polity for civil services examination.It will also define relation between 42nd Amendment Act 1976 and 44th Amendment Act 1978.

What is 42nd Amendment Act?

Our Indian Constitution is unique for its content and spirit. The Constitution of India decides the rule of the land and is taken as supreme law of the land. The constituent assembly that was behind formulating our constitution has also given scope for amendments in it with time. Hence, the Indian Constitution of what it is today has undergone substantive changes on account of several amendments. The act also called The Constitution Act, 1976 is termed as one of the most controversial acts in the history of amendments to Indian Constitution. It amended/ introduced various provisions given below:

• Attempted to reduce the power of the Supreme Court and High Courts
• Laid down Fundamental Duties for citizens
• Terms- Socialist, Secular, and Integrity added to the Preamble

Fundamental Duties in India - Article 51A 

42nd Amendment Act of 1976 added 10 Fundamental Duties to the Indian Constitution. 86th Amendment Act 2002 later added 11th Fundamental Duty to the list. Swaran Singh Committee in 1976 recommended Fundamental Duties, the necessity of which was felt during the internal emergency of 1975-77.

The Fundamental Duties are dealt with Article 51A under Part-IV A of the Indian Constitution. The topic is important for IAS Exam as questions are recurring for all its three stages- Prelims, Mains and Interview.

Introduction to Fundamental Duties in India

The fundamental duties which were added by the 42nd Amendment Act of the Constitution in 1976, in addition to creating and promoting culture, also strengthen the hands of the legislature in enforcing these duties vis-a-vis the fundamental rights.

The list of Fundamental Duties under article 51-A to be obeyed by every Indian citizen is given in the table below:

S.No	11 Fundamental Duties
1.	Abide by the Indian Constitution and respect its ideals and institutions, the National Flag and the National Anthem
2.	Cherish and follow the noble ideals that inspired the national struggle for freedom
3.	Uphold and protect the sovereignty, unity and integrity of India
4.	Defend the country and render national service when called upon to do so
5.	Promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities and to renounce practices derogatory to the dignity of women
6.	Value and preserve the rich heritage of the country’s composite culture
7.	Protect and improve the natural environment including forests, lakes, rivers and wildlife and to have compassion for living creatures
8.	Develop scientific temper, humanism and the spirit of inquiry and reform
9.	Safeguard public property and to abjure violence
10.	Strive towards excellence in all spheres of individual and collective activity so that the nation constantly rises to higher levels of endeavour and achievement
11.	Provide opportunities for education to his child or ward between the age of six and fourteen years. This duty was added by the 86th Constitutional Amendment Act, 2002

The Fundamental Duties form an important topic for IAS Prelims as can be seen from the past year question papers. Aspirants preparing for UPSC 2020 are advised to cover the topic with all facts and figures. The topic once understood can fetch you a great score in prelims and mains both.

Importance of Fundamental Duties- Part IV-A

Fundamental Duties are an inalienable part of fundamental rights. The importance of these are given in the table below:

S.No	Importance of Fundamental Duties
1.	They remind Indian Citizens of their duty towards their society, fellow citizens and the nation
2.	They warn citizens against anti-national and anti-social activities
3.	They inspire citizens & promote a sense of discipline and commitment among them
4.	They help the courts in examining and determining the constitutional validity of a law
5.	They are enforceable by law

Criticism of Fundamental Duties

The Fundamental Duties mentioned in Part IVA of the Constitution have been criticized on the following grounds:

• They have been described by the critics as a code of moral precepts due to their non-justiciable character. Their inclusion in the Constitution was described by the critics as superfluous. This is because the duties included in the Constitution as fundamental would be performed by the people even though they were not incorporated into the Constitution.
• Some of the duties are vague, ambiguous and difficult to be understood by the common man.
• The list of duties is not exhaustive as it does not cover other important duties like casting vote, paying taxes, family planning and so on. In fact, the duty to pay taxes was recommended by the Swaran Singh Committee.
• The critics said that the inclusion of fundamental duties as an appendage to Part IV of the Constitution has reduced their value and significance. They should have been added after Part III so as to keep them on par with Fundamental Rights.
• Swaran Singh’s Committee recommended more than 10 Fundamental Duties, however, not all were included in the constitution. Those duties recommended by the committee which were not accepted were:
  1. Citizens to be penalized/punished by the parliament for any non-compliance with or refusal to observe any of the duties.
  2. The punishments/penalties decided by the Parliament shall not be called in question in any court on the ground of infringement of any of Fundamental Rights or on the ground of repugnancy to any other provision of the Constitution.
  3. Duty to pay taxes.

Facts about Fundamental Duties for UPSC:

• Fundamental Duties are categorized into two – Moral Duty & Civic Duty
  1. Moral Duty: cherishing noble ideals of freedom struggle
  2. Civic Duty: respecting the Constitution, National Flag and National Anthem
• They essentially contain just a codification of tasks integral to the Indian way of life
• The Fundamental Duties are confined to Indian citizens only and do not extend to foreigners unlike few Fundamental Rights
• They are also nonjusticiable similar to Directive Principle of State Policies
• There is no legal sanction against their violation