President's rule
President's rule (English literally means " government of President ") is a term from the Indian domestic policy that describes the takeover of government power ( executive ) of a federal state, by the President of the Republic in the event of a regional emergency.
President's rule in the Indian Constitution
The President's rule is governed by Article 356 of the Indian Constitution. It stipulates that the president can dismiss the government of any state, if it considers this under the terms of the Constitution of India for not more portable. The President then takes over all or some functions of the State Government as well as all or some of the powers of the Governor ( Governor ) or by institutions and bodies of the State, with the exception of the Parliament. Furthermore, it may take any action he deems necessary to eliminate the circumstances that led to the imposition of President's rule, necessary. This includes also inform the abrogation of the Constitution of India or individual determination. The powers of the Parliament of the State to be transferred to the Indian Parliament.
The President, such a decision must, however, meet only if he has received a report, in which detail sets him the governor of the relevant state of the political situation in knowledge and suggests the introduction of the President's rule. In addition, the President's rule within two months after the introduction requires the approval of both Houses of the Indian Parliament ( Lok Sabha and Rajya Sabha ); otherwise it will terminate automatically, and the old government of the State is to be reinstated. If Parliament, the President's rule may be repealed by a proclamation of the President, but in no case later than six months after launch, unless agreed to an extension of a further six months both houses of the Indian Parliament. An extension of the President's rule over a period of one year since its introduction, Parliament must not only approve if the exception condition applies at the national level, in the appropriate state or in parts of that state, or if the Indian Election Commission ( Election Commission ) confirmed that the proper conduct of elections in the appropriate state can not be guaranteed. Overall, the President's rule should be maintained no longer than three years.
President's rule in practice
In practice, the executive power is transmitted in application of the President's rule by the President to the Governor of the respective Federal State. The governor appointed by the president, the normally come only representative tasks, then takes office of the Chief Minister. Originally incorporated as emergency items in the event of civil unrest or similar threatening conditions in the Indian Constitution of 1950, the article was 356 so far ( as of August 2007 ) already more than 100 times for use. The state of Punjab was five years ( 1987-1992 ) ruled in succession resembling civil war clashes between extremist Sikhs who demanded the creation of an independent Sikh state, and the state power under President's rule. Paragraph 5 of Article 356 of the Indian Constitution provides for this in front of a special clause.
However, the President's rule was used in several cases to remove not only coping with serious political crises, but also to political opponents of the central government in states from the government or to prevent their accession to the throne. Conversely, it missed the governor of the state of Gujarat during the bloody clashes between Hindus and Muslims in 2002 to call for the imposition of President's rule in order to allow a more effective crackdown on unrest. At that time both ruled in Gujarat and at the national level, the Hindu nationalist Bharatiya Janata Party (BJP ). Critics of President's rule see the Article 356, therefore, as a threat to the federal system of India. Another point of criticism is that the Governor of the State is not subject to genuine democratic control because he is appointed by the president and can be dismissed only by the latter. In addition, a charge of abuse of office for impeachment ( in English-speaking impeachment ) against the governor is not possible.