Extension of President's rule
Topic: Emergency Provisions and President's Rule · NCERT: Beyond NCERT
Meaning
A proclamation of President's rule (Article 356) must be approved by each House of Parliament by simple majority within two months, or it lapses. Each approval lasts six months, up to a maximum of three years. To go beyond one year, two conditions must both hold (Article 356(5), 44th Amendment, 1978):
- a national emergency is in force in the whole of India or a part of the state;
- the Election Commission certifies that elections cannot be held.
The 42nd Amendment (1976) had allowed one year per approval.
Example
Punjab was under President's rule from 1987 to 1992. Keeping it there needed special amendments: the 59th (1988), then the 64th, 67th and 68th (1990-91).
Don't confuse with
- Renewal of national emergency: approval needs a special majority, and it can be renewed every six months with no upper limit.