President rule & issues

President rule	Article 355: Under constitution Union has the power to make sure that the government of every state is carried on in accordance with the provisions of the constitutions for example: hung assembly, or breakdown of constitutional machinery Ambedkar: it will remain a dead letter and would be used only as a measure of last resort. now became a deadly weapon
Grounds of President Rule	Article 356  Failure of constitutional machinery Article 365 Not able to comply with Center's direction  Example: hung assembly Constitutional break down loss of confidence
Issues	Political expediency: use of constitutional loopholes in vested interest  Disturbing Corporative federalism and constitutional values Misuse of Article 356 Government formation Example: more then 100s of occasion and nearly twice a year
Positive trend	After 1990 the misused has declined due to the Bommai case, media, and civil society alertness, coalition government etc.
Consequences	Legislative Union in all the list Executive complete Financial FR:
Safeguards	Constitutional: 44th amendment Act of 1978 6 months,  for more then 1 year need  national emergency + certification of EC Maximum 3 years Judicial: Bhuta singh case 2005 Scrutiny of the governor's report: could not be taken as face value and scrutiny must be done by the CoM before making decision on its basis. S R Bommai case 1994: Prior warning and chances to be given to the state. Satisfaction of the president must be based on the relevant material. Substance behind the advice can be judicially reviewed although the advice can't. Floor test: Majority shall only be tested on the floor of the house in case of loss of confidence Suspension and not desolution: State LA can not be dissolved till 356 is approved by the parliament, it can only be suspended till the time. Constitutional machinery Vs administrative machinery: there is a difference between breakdown of constitutional machinery and Administrative machinery. Note: on allegation of the corruption, it can not be dismissed Rameshwar Prasad Case (2006): Cannot override claim of majority saying it was formed by tainted means. Role of President Example of K R Narayan: Returned twice and was successful If a president receive a vulnerable or politically colored recommendation He must return it to the cabinet for reconsideration and during the interregnum consult the Advocate general or senior counsel. Role of Governor Role of Parliament: Clarify the loopholes like role of speaker, Governor etc with broader consensus
Way forward	Sarkaria: Define the breakdown of constitutional machinery Alternative exploration to President rules must be looked for Floor test complulsory Sparing use of 356 Warning NCRWC Proclaim underlying reasons for imposition of President rule(wide publicity in media) safeguards as provided in Article 352 should be incorporated in 356 (written advice) Punchhi : Localized emergency:  in district or part of district: under Governor rule and should not exceeds 3 months Amendment in Ar. 356 based on Bommai case Politics with Principles: Gandhijis moto