Wednesday, October 13, 2010

President rule....why, what when are the questions that really rise in the minds of many people and generally people get scared of the mere thought of president rule. President rule is something that is really not advisable in a democratic setup. It creates ripples, chaos and disturbance in the smooth flow of the country.

What is President Rule?

President's rule is a word that generally gets coined in India when a state legislature and state executive are suspended. Suspension of all the powers from the council of ministers and the president taking charge of the issues of the state is what President rule is. It is also called as Central rule. Federal government another name of presidential government takes the hold of all the powers of the state and the Governor of the respective state who is usually considered as having nominal authority rises to power and becomes the real authority like a lion coming out of den.

The governor is held responsible and answerable to all the proceedings of the state to the president. The Governor appoints advisory committees who are retired civil servants and retired government officials for the proper working of the state.

As per article 356, this rule comes into effect and the president on the advise of the governor or on his own attains the right to dissolve the state government and its council of ministers, thereby imposing president rule.The parliament must approve the president rule to come into effect. After the implementation of president rule, the governor heads the state and takes all the power. When President's rule is imposed, the assembly is either dissolved or kept in suspended.

When does presidential rule come into effect?

President rule generally gets into effect when political unrest takes the lead role in a democratic setup. This rule also gets implemented when the government of the state fails to meet the required majority in the office. If two thirds majority is not held then there is a chance of president rule. When the entire constitutionality breaks down then there is president rule after the agreement in parliament.

Is Karnataka heading for President's rule?

Bangalore Karnataka on Monday appears headed for President's rule with the state Governor recommending such a step after Chief Minister B S Yeddyurappa won a controversial confidence vote in the Assembly following disqualification of 16 MLAs.

Governor H R Bhardwaj is believed to have sent his report to the Centre calling the events and the vote in the Assembly as "unconstitutional" and "farce" and that the state should be brought under President's rule.

He is understood to have noted that Speaker Bopiah's action in disqualifying 16 MLAs--11 of BJP and 5 Independents--was unconstitutional and had vitiated the proceedings.

The Union Cabinet is likely to meet and consider the Governor's report. The Union Home Ministry has expressed concern over developments in Karnataka, especially the "abuse" of the anti-defection law by the Speaker.

Home Ministry sources said there was no question of disqualifying Independents under the 10th Schedule of the Constitution or for that matter the dissident BJP MLAs even before the vote.

On a dramatic day of developments, the Speaker's decision to disqualify the dissident MLAs and ban their entry into the House came early in the morning in an apparent move to bring down the number required for the ruling party to prove its majority.

Amid scenes of pandemonium, Yeddyurappa moved the confidence vote and "won" the trial of strength vote as high marked the proceedings when Speaker K G Bopaiah declared the motion of confidence passed by a voice vote.

Charges and counter-charges were hurled from both sides with the Opposition attacking the Speaker as acting as an "agent" of the BJP and the other side criticizing the Governor as acting as "Leader of the Opposition".

Recent president's rule:

There are many a cases when president rule was imposed.
25 June 1975 – 21 March 1977 a 21-month period is marked with strong letters in the history of India. President Fakhruddin Ali Ahmed, the then president of India declared a state of emergency under Article 352 of the Constitution of India and suspended elections. This move was considered as one of the most controversial era in the history of independent India.
In Uttar Pradesh, after the February 2002 election, no party had a sufficient majority and President's rule was imposed.
After the Mayawati government fell in August 2003, Mulayam Singh Yadav became chief minister after claiming he had the majority. But this scenario ended up in president rule as Mulayam was not able to submit the list of supporters, but he later submitted them in assembly.

2010 may seem such rule to get into force on the issue of Telangana. The state government of Andhra Pradesh ruled by Congress is under extreme pressure from the opponents and also from their MLA's. All the legislative members have resigned from their posts and are pressurizing the government to give a separate state. The ruling government though did not accept their resignations is indirectly marching towards president rule.

Hope that these sorts of situations do not rise in India and let all people lives in peace.


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