Article 152 of Indian Constitution: Definition
Article 152 Definition – Constitution Of India
In this Part, unless the context otherwise requires, the expression “State” 2 [does not include the State of Jammu and Kashmir.
What is Article 152 of Indian Constitution
Article 152 of the Indian Constitution deals with the “Proclamation of President’s Rule in States.” It outlines the provisions and procedures for the President of India to issue a proclamation imposing President’s Rule in a state of India when the constitutional machinery in that state breaks down. Here are the key points covered in Article 152:
- Proclamation of President’s Rule: Article 152 empowers the President to issue a proclamation if they are satisfied that the government of a state cannot be carried on in accordance with the provisions of the Constitution.
- Recommendation of the Governor: Before issuing such a proclamation, the President must typically receive a report from the Governor of the state regarding the breakdown of the constitutional machinery. The Governor’s report serves as a preliminary step in the process.
- Cabinet’s Advice: The President’s decision to issue the proclamation of President’s Rule is based on the advice of the Union Council of Ministers (Cabinet). The Cabinet evaluates the Governor’s report and makes recommendations to the President.
- Duration: President’s Rule is not meant to be a permanent arrangement. It is a temporary measure to address the breakdown of the constitutional machinery in a state. The Constitution provides for a maximum period of six months for such rule initially.
- Approval of Parliament: The proclamation of President’s Rule must be approved by both Houses of Parliament (Lok Sabha and Rajya Sabha) within a specified period. If Parliament approves, President’s Rule can be extended beyond the initial six-month period.
- State Assembly’s Dissolution: During President’s Rule, the state legislative assembly is either suspended or dissolved, and the governance of the state is temporarily taken over by the President through the Governor.
- Governor’s Functions: The Governor continues to be the constitutional head of the state during President’s Rule, but the real powers of governance are exercised by the President through the Governor.
Constitution Of India Part 6 The States – Articles 152 to 237