President’s Rule (also known as State Emergency or Constitutional Emergency) can be proclaimed under Article 356 of the Indian Constitution. Here's an overview of the process and its approval by Parliament:
Proclamation Approval by Parliament
- Timeline for Approval: The proclamation must be approved by both Houses of Parliament within two months from its issuance.
- Duration: Once approved, President's Rule continues for six months.
- Extension: It can be extended every six months for a maximum period of three years with Parliament's approval.
- Approval Requirement: Approval of President’s Rule or its continuation can be passed by either House of Parliament with a simple majority (a majority of the members present and voting).
Limitations on Extensions Beyond One Year
The 44th Amendment Act of 1978 introduced new limitations on the extension of President’s Rule beyond one year:
- National Emergency: A proclamation of National Emergency should be in effect in the entire country or the state in question.
- Election Commission Certification: The Election Commission must certify that holding general elections to the state's legislative assembly is not possible due to difficulties.
Revocation of President's Rule
- Revocation: President's Rule can be revoked by the President at any time through a subsequent proclamation.
- Parliamentary Approval: Revocation does not require approval from Parliament.