'Direct rule' redirects in Maharashtra; Know in deets, how President's Rule imposed in state works!
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Mumbai, November 12: "We need further discussions to decide on the issue of government formation in the state", affirmed leaders of allies Congress and the Nationalist Congress Party on Tuesday evening while addressing a joint press conference hours after President's Rule was imposed in the state.
"The way President's Rule was recommended, I condemn it. This government has violated the Supreme Court guidelines on President's rule on several occasions in the last five years," said Congress leader Ahmed Patel, who is yet unable to decide over for the state.
President's rule :
In India, president's rule is the suspension of state government and imposition of direct central government rule in a state. Under Article 356 of the Constitution of India, in the event that a state government is unable to function according to constitutional provisions, the Central government can take direct control of the state machinery. Subsequently, executive authority is exercised through the centrally appointed governor, who has the authority to appoint other administrators to assist them.
Reasons why President's rule is usually imposed :
In practice, president's rule has to be imposed under any one of the following different circumstances:
1. A state legislature is unable to elect a leader as chief minister for a time prescribed by the Governor of that state, at the Will of Governor.
2. Breakdown of a coalition leading to the Chief minister having minority support in the house and the Chief minister fails/will definitely fail to prove otherwise, within a time prescribed by the Governor of that state.
3. Loss of majority in the assembly due to a vote of no-confidence in the house.
4. Elections postponed for unavoidable reasons like war, epidemic or natural disasters.
5. Article 356 state that the president can invoke president rule in a state on the report of the governor if the state machinery/legislature fails to abide by constitutional norms.
Clock Limit of President's rule:
If approved by both houses, president's rule can continue for 6 months. It can be extended for a maximum of 3 years with the approval of the Parliament done every 6 months. If the Lok Sabha is dissolved during this time, the rule is valid for 30 days from the first sitting of the Lok Sabha provided that this continuance has already been approved by Rajya Sabha. President's rule can be revoked at any time by the president and does not need the Parliament's approval.
Meanwhile, the Supreme Court registry asked the lawyer of the Shiv Sena to mention its petition for hearing on Wednesday morning before a court of Chief Justice of India Ranjan Gogoi. The party had moved the apex court and sought an urgent hearing against Maharashtra Governor Bhagat Singh Koshyari's refusal to grant it more time to submit the required letters of support to form the next government on Monday night.
While the Supreme Court registry informed the Sena lawyer that it is not possible to constitute a bench on Tuesday itself, it asked him to mention the matter on Wednesday morning. This is all after the Governor recommended President's rule in the state before NCP could move stake or deny claim form the government.