With Manipur Chief Minister N Biren Singh resigning on Sunday, the state’s political landscape has been thrust into uncertainty. The immediate challenge for the Bharatiya Janata Party (BJP) is to finalize his successor, but party insiders suggest that the central leadership may opt to delay this decision to reach a broader consensus. This has raised the possibility of President’s Rule being imposed in the state, at least temporarily.
NEW DELHI: With Manipur Chief Minister N Biren Singh resigning on Sunday, the state’s political landscape has been thrust into uncertainty. The immediate challenge for the Bharatiya Janata Party (BJP) is to finalize his successor, but party insiders suggest that the central leadership may opt to delay this decision to reach a broader consensus. This has raised the possibility of President’s Rule being imposed in the state, at least temporarily.
Governor’s Response and Next Steps
Following Singh’s resignation, the Raj Bhavan in Imphal issued a statement confirming that Governor Ajay Kumar Bhalla has requested him to continue as caretaker Chief Minister until an alternative arrangement is put in place. Reports indicate that high-level discussions are currently underway in New Delhi, and the Governor is expected to receive instructions from the Centre on the next course of action.
Singh, in his resignation, recommended that the Manipur Legislative Assembly be placed under suspended animation to allow party legislators to build a consensus around his replacement. However, given the lack of a clear majority-backed leader, the imposition of President’s Rule seems increasingly likely. Shortly after Singh’s resignation, Governor Bhalla issued a notification canceling the earlier order summoning the Assembly session that was scheduled for Monday.
What is President’s Rule?
President’s Rule can be imposed under Article 356 of the Indian Constitution based on two grounds:
- Provisions of Article 356
- Provisions of Article 365
Article 356 of the Indian Constitution
Article 356 empowers the President to impose President’s Rule in a state if he/she is convinced that the governance of the state cannot be carried out in accordance with constitutional provisions. This decision can be based either on a report from the state’s Governor or even in the absence of such a report.
Article 365 of the Indian Constitution
Under Article 365, if a state government fails to comply with or implement directions issued by the Central government, the President has the authority to declare that the state’s governance cannot be conducted as per the Constitution, thereby justifying the imposition of President’s Rule.
Parliamentary Approval for President’s Rule
A proclamation imposing President’s Rule must receive approval from both Houses of Parliament within two months from the date of its issuance.
- If the Lok Sabha is dissolved before approving the proclamation or is dissolved during the two-month period, the proclamation remains valid for 30 days from the first sitting of the newly elected Lok Sabha, provided the Rajya Sabha has already approved it.
Duration of President’s Rule
- Once approved by Parliament, President’s Rule is initially imposed for six months.
- It can be extended for a maximum period of three years, subject to Parliament’s approval every six months.
- If the Lok Sabha is dissolved during this period before approving its continuation, the proclamation remains valid for 30 days after the first sitting of the reconstituted Lok Sabha, provided the Rajya Sabha approves it in the meantime.
44th Constitutional Amendment Act (1978)
To prevent misuse, the 44th Amendment introduced two conditions for extending President’s Rule beyond one year:
- A National Emergency must be in effect either in the entire country or in the specific state.
- The Election Commission of India (ECI) must certify that elections to the state’s Legislative Assembly cannot be held due to specific difficulties.
Revocation of President’s Rule
The President can revoke a proclamation of President’s Rule at any time through a subsequent proclamation, without requiring parliamentary approval.
Consequences of President’s Rule
When President’s Rule is imposed, the President gains extraordinary powers regarding the concerned state.
Impact on the State Executive
- The State Council of Ministers, led by the Chief Minister, is dismissed.
- The Governor, acting on behalf of the President, administers the state with the assistance of the Chief Secretary or advisors appointed by the President.
- This is why the imposition of Article 356 is commonly referred to as “President’s Rule.”
Impact on the State Legislature
- The State Legislative Assembly is either suspended or dissolved.
- The Parliament assumes the legislative powers of the State Assembly, including passing state bills and approving the state budget.
- The President can issue ordinances for the state when Parliament is not in session.
- If the assembly is dissolved or suspended, Parliament gains additional powers, such as:
- Delegating law-making authority for the state to the President or a designated authority.
- Enacting laws that impose duties or confer powers on the Central government.
- Authorizing the use of funds from the Consolidated Fund of the State pending Parliament’s approval.
- Laws made under President’s Rule remain valid even after the rule is lifted unless repealed or amended by the new State Legislature.
Impact on the State Judiciary
- The President cannot assume the powers of the High Court or suspend constitutional provisions related to it.
- The status, powers, and functions of the State High Court remain unaffected.
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Misuse of President’s Rule (Article 356)
Article 356 is one of the most controversial provisions of the Indian Constitution, often criticized for its misuse.
- Since 1950, it has been imposed over 125 times, sometimes arbitrarily for political reasons.
- Almost all states have been placed under President’s Rule at least once.
- Dr. B.R. Ambedkar hoped
” it would remain a “dead letter” and be used only in extreme cases, but its frequent use has proven otherwise”
Judicial Review of President’s Rule
38th Constitutional Amendment Act (1975)
This amendment made the President’s satisfaction in invoking Article 356 final and beyond judicial review, preventing courts from challenging such proclamations.
44th Constitutional Amendment Act (1978)
The 44th Amendment revoked the provision introduced by the 38th Amendment, thereby making the President’s satisfaction subject to judicial review.
S.R. Bommai vs. Union of India (1994)
In this landmark case, the Supreme Court established key principles regarding the imposition of President’s Rule:
- Judicial review applies to proclamations under Article 356.
- The President’s satisfaction must be based on relevant material, and any proclamation based on irrelevant or extraneous reasons can be struck down.
- The burden lies on the Centre to prove the necessity of imposing President’s Rule.
- While courts cannot assess the adequacy of the material, they can check its relevance.
- If a proclamation is ruled unconstitutional, the court can reinstate the dismissed state government and restore the Legislative Assembly.
- The State Assembly should not be dissolved before Parliament approves the proclamation.
- If Parliament fails to approve it, the assembly automatically resumes its function.
- Secularism is a basic feature of the Constitution, and any state government engaging in anti-secular activities can be subjected to President’s Rule.
- A floor test is necessary to determine whether a government has lost majority support in the assembly.
- A change in government at the Centre does not justify dismissing state governments formed by opposition parties.
- Article 356 should be used only in exceptional cases.
Diverging Opinions on the Path Forward
Within the BJP, discussions are ongoing regarding potential replacements for Biren Singh. Names such as Manipur Speaker Thokchom Satyabrata Singh and Urban Development Minister Yumnam Khemchand have surfaced as possible contenders. However, party leaders insist that a thorough deliberation is required before a final decision is made.
While some BJP legislators believe that opting for President’s Rule could provide time to forge consensus, others argue that it would weaken the party’s image.
A BJP MLA pointed out that the party enjoys a strong majority in the Assembly, with 37 out of 60 seats, and an additional 11 seats from allies—Naga People’s Front (NPF) and National People’s Party (NPP). Given this strength, some within the party believe that forming a government should be straightforward rather than relying on Central rule.
Ethnic Divide Shapes Public Opinion on Governance
Manipur’s ethnic divide is also influencing perspectives on how the political transition should be handled.
Leaders from the Kuki-Zo community have been vocal in their preference for President’s Rule, arguing that
“A direct line of communication with the Centre would better address governance concerns”
Henlianthang Thangliet, chairperson of the Kuki-Zo Council, described the possibility of another BJP leader from the Meitei-majority Imphal Valley assuming office as akin to replacing
“old wine with new bottle”
He asserted that direct administration by the Centre would be a more viable solution to address longstanding issues in the state.
On the other hand, many in the Meitei community strongly oppose President’s Rule. Jeetendra Ningomba, a prominent civil society leader and former coordinator of the Coordination Committee on Manipur Integrity (COCOMI), warned that such a move would be widely resisted
“The people of Manipur have struggled against President’s Rule in the past. It is not acceptable to civilians,” he said.
However, he also acknowledged that appointing a new Chief Minister could deepen divisions within the community, which is already dealing with internal strife.
What Lies Ahead for Manipur?
The coming days will be crucial in determining the future political course of Manipur. If the BJP is unable to build consensus around a new Chief Minister soon, the Centre may have little choice but to impose President’s Rule. Given the state’s ethnic complexities and political sensitivities, any decision taken now will have long-term implications for Manipur’s governance and stability.
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