Politics: The rape and murder of a female doctor in a government hospital in Kolkata has sparked protests across the country. The incident has raised serious questions about law and order in West Bengal. Bharatiya Janata Party (BJP) leaders are accusing West Bengal Chief Minister Mamata Banerjee of deteriorating law and order and demanding her resignation and imposition of President's rule in the state. Meanwhile, the possibility of imposing President's rule in Maharashtra is also increasing due to the delay in elections.
When is President's rule imposed?President's rule is imposed when:- The state government fails to work according to the Constitution
- Law and order deteriorates in the state
- No party has a majority and the coalition government is also not able to function
- What changes when President's rule is imposed?
In President's rule:- The fundamental rights of the residents of the state cannot be denied
- The President dissolves the Council of Ministers headed by the Chief Minister
- The functions and powers of the state government come to the President
- If the President wants, he can also declare that the Parliament will use the powers of the state legislature
For how many days can President's rule be imposed?President's rule has to be approved by both the houses of Parliament within 2 months. After this, it can be extended by 6-6 months to a maximum of 3 years.
BJP's responseBJP national spokesperson Shazia Ilmi, while addressing a press conference in this context, said that in view of the deteriorating law and order in West Bengal, the appropriate authority should consider imposing President's rule. In the case of Maharashtra too, where the term of the Legislative Assembly is ending on 26 November 2024, President's rule is likely. Chief Election Commissioner Rajiv Kumar, commenting on this, had said that the process of voting and counting will be completed in a few weeks, and there is nothing wrong in imposing President's rule.
Conditions of President's RuleThe procedure for imposing President's rule is given in Article 355 and Article 356 of the Indian Constitution. According to Article 355, it is the duty of the central government to protect the states from external aggression and internal disturbance and to ensure that the state governments are functioning according to the Constitution. Article 356 empowers the President to take over the powers of the state government if the constitutional machinery in the state fails.When the state government fails to function according to the Constitution, the Governor can send a report in this regard to the President. After the consent of the cabinet, President's rule can be imposed. Apart from this, when no party has a majority in the state and the coalition government is also unable to function, in such a situation also the Governor can recommend the imposition of President's rule.
Effects of President's RuleAfter the imposition of President's rule, all the powers of the state government come under the President. The Chief Minister and his Council of Ministers are dissolved, and the administrative work of the state is controlled by the President. Along with this, the President can also appoint the Parliament to exercise the powers of the state legislature. The Parliament then acts on the state bills and also passes the budget proposals.
Duration of President's RuleThe period of President's rule is initially 6 months. It can be extended to a maximum of 3 years at an interval of 6 months each if approved by both the houses of the Parliament. This system of President's rule provides the central government with the necessary power to deal with abnormal circumstances in the state.Thus, the provision of President's rule is an important measure to control the administration of the state under the Constitution, which can be implemented at the time of deterioration of law and order situation or political instability in the state.