Constitutional Law - President's Rule (Article 356)

President's Rule (Article 356)

• Implied in Article 356, the President's Rule is a judicially contested power affecting federalism.

• The President's Rule is imposed for a maximum of one year initially, with potential extensions.

• Extensions beyond one year require a national emergency and the Election Commission's confirmation about election impossibilities.

• No extension beyond three years is permitted, even if the approval is sought every six months.

• The Supreme Court has emphasized the sparing use of this exceptional power.

• Proper uses of the President's Rule include hung assemblies following elections, refusal of a majority party to form a government, and where a government actively undermines constitutional authority.

• Improper use includes dismissing/resignation of ministers lacking majority support, Governors imposing the rule without assessing forming a government, and allegations of poor leadership that is unjustified.

• The Supreme Court promotes prior warning to states before imposing the President's Rule.

• The SR Bommai Case: The Supreme Court introduced the concept of the floor test, made the proclamations subject to judicial review, and can be struck down under malafide. The core of this understanding is the upholding of secularism, a crucial aspect of the Indian constitutional structure. The Court further clarified that legislative assemblies cannot be dissolved without Parliament's approval during a President's Rule proclamation.

• Rameswar Prasad vs. Union of India: The case involved malafide dissolution of a State Legislative Assembly and unwarranted accusations of horse trading. A court can order the reinstatement of a dissolved Assembly.

• Impact on States: The elected state government is suspended. This power does not affect fundamental rights. The President's Rule is deemed a last resort by the Constitution.

Indian Judiciary

• Structure: India has an integrated judicial system with the Supreme Court, High Courts, and subordinate courts.
• Role: The Indian judiciary adjudicates disputes between citizens, the state, and other institutions. It safeguards fundamental rights, interprets laws, and upholds the federal equilibrium.
• Functions: The judiciary involves interpreting and executing laws passed by Parliament, as well as by state legislatures.
• Contrast: The judiciary's structure differs from the American federal system, where a distinct judiciary exists for the federal government and states.

Judge Qualifications

• Supreme Court (Article 124): A citizen of India, judge of a High Court for five years prior, a practising advocate in a High Court for ten years, and a distinguished jurist deemed fit by the President.
• High Court (Article 217): A judicial officer in India for ten years, practising advocate in a High Court for ten years.

Judge Appointments

• Historical Cases:

  • SP Gupta vs. UOI: The court ruled about consultations for appointments without requiring concurrence.
  • Supreme Court Advocates on Record Association vs. UOI: Established the collegium system.
  • Third Judges Case: Further defined the collegium's composition. It's headed by the CJI with other senior judges as members.

• National Judicial Appointments Commission (NJAC): The 99th Constitutional Amendment Act created the NJAC. It was repealed by the Supreme Court.

All India Judicial Service (AIJS)

• The AIJS is a proposed nationwide recruitment program for district judges, modelling on UPSC.
• Potential Benefits: Standardized recruitment; Increased talent pool; professional training; stronger subordinate judicial structure; faster recruitment to address pending cases.
• Potential Challenges: Potential dilution of the federal structure; issues of representation in the lower-court system.

Supreme Court Jurisdiction

• Writ Jurisdiction (Article 32): The Supreme Court enforces fundamental rights. The Supreme Court's writ jurisdiction is limited to fundamental rights, in contrast to High Courts.
• Original Jurisdiction (Article 131): Disputes involving the government of India and states, between states, and between the government of India and states.
• Advisory Jurisdiction (Article 143): A non-binding advisory role for the President on questions of law or fact. The minimum bench size is 5 judges.
• Appellate Jurisdiction:
  • Constitutional Matters (Article 132): Appeals are filed based on High Court certifications about constitutional interpretations involved.
  • Civil Matters (Article 133): Appeals based on High Court certification of substantial questions of law in civil matters.
  • Criminal Matters (Article 134): Appeals based on High Court certification concerning criminal convictions.
  • Special Leave Petition (Article 136): Supreme Court can review judgements from any trial court, except military courts and tribunals.
• Disputes relating to the President and Vice-President elections are exclusively under the jurisdiction of the Supreme Court.