Home The Constitution Part XVIII Article 356

Art. 356 Part XVIII: Emergency Provisions

Provisions in Case of Failure of Constitutional Machinery in States

Exact text — Constitution of India

(1) If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation—(a) assume to himself all or any of the functions of the Government of the State... (b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament; (c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation... (3) Every Proclamation under this article shall be laid before each House of Parliament and shall... cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament...

In Plain English

What this Article actually means

Commonly known as 'President's Rule', this Article — historically the most politically contentious in the entire Constitution — lets the Union take over a state's administration entirely when the President is satisfied its government can't function constitutionally. For decades, this power was used dozens of times, often to dismiss opposition-ruled state governments on flimsy pretexts, before the Supreme Court's landmark 1994 ruling finally imposed real judicial checks on when and how it can be used.

Why This Matters To You

How it shows up in everyday life

If you live in a state that has ever come under President's Rule, this is the Article behind it — your state's elected government is suspended, and administration is run by the Governor on the Union's behalf (with the State Legislature's powers exercised by Parliament) until either a new government can be formed or fresh elections are held.

Landmark Cases

How courts have interpreted this Article

S.R. Bommai v. Union of India(1994) 3 SCC 1 — The single most important ruling on this Article — held Article 356 is fully subject to judicial review, that a Chief Minister's majority must be tested on the floor of the Assembly rather than the Governor's subjective opinion, and that federalism is part of the Constitution's basic structure, dramatically curbing the arbitrary use of President's Rule that had been common before this ruling. Verify this case

Read alongside this one

Art. 355 — Duty of the Union to Protect States Art. 164 — State Council of Ministers

Frequently Asked

Quick answers about Article 356

Can a state government be dismissed just because the ruling party lost a state election somewhere else?

No — after S.R. Bommai, this kind of politically-motivated dismissal is specifically what courts now guard against; the Proclamation must be based on a genuine, demonstrable breakdown of constitutional governance within THAT state, not extraneous political considerations.

Can courts actually overturn a President's Rule proclamation?

Yes, since S.R. Bommai — courts can and have struck down Article 356 Proclamations found to be mala fide or based on irrelevant grounds, a major shift from the pre-1994 era when this power was treated as largely unreviewable.

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The text above reproduces Article 356 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.