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What is Presidential Rule ?; Know that sometimes applied in Maharashtra
It's been over a week now since the election results. In the meantime, the power and the chief minister's tenure is still unresolved. Even though the BJP is a major party in this way, the Shiv Sena has kept its demand for the same allocation of power and the demand of the Chief Minister for two and a half years. This is the main reason for the Shiv Sena's demand for the post of Chief Minister. If the government is not established in the state within a week, then all the formulas of the state can go into the hands of the President and the President's rule in the state can be implemented, said the Finance Minister Sudhir Mungantiwar. But the media has been talking about the presidential rule of exactly how it is implemented. What is Presidential Cultivation and has it ever been implemented in Maharashtra? We will learn about this in this article.
In the Indian Constitution, Articles 5 to 9 are related to the emergency. There are three types of emergency in the state constitution. First National Emergency Second Financial Emergency and Third Presidential Rule. Article 2 of the Constitution mentions the President's rule. According to Article 8, the President's rule may be imposed if the administration of the State does not follow constitutional methods. Also, if the State Government disregards the instructions of the Center as per Article 8, President's rule can be declared in that State. However, the President does not take any decision to impose the rule of the President but only after the advice of the Union Cabinet.
What is Presidential Rule?
- According to Article 8, the State Government may declare the presidency by announcing the President, or if the President is convinced in such a manner that it is impossible to govern the constitutional function of the Constitution. The President also announces the end of the rule.
- Such a declaration is implemented only after the Parliament has approved such a declaration. Parliament approval must be obtained within two months from the date of the President's rule. However, with the approval, the President's rule can be applied only for six months. But if the parliament ratifies this declaration again for the next six months, the duration of the presidential rule can be extended. In this way, presidential rule can be imposed in a region for a maximum of three years.
- After the announcement of the President's rule, all the power of the State Government (except the functions of the High Court) goes into the hands of the President. The President usually delegates this power to the Governor. Most of the time, the state is governed by the president on behalf of the president. The Governor performs this task with the help of the Chief Secretary of the State.
- The functions of the Legislature are entrusted to Parliament after the presidential rule is implemented. Also, the President himself can order and ask any officers to take action.
- In the event of a Lok Sabha meeting, the President may order the President to spend money from the state's accumulated funds. The President may make incidental or incidental arrangements to fulfill the proclamation of the throne. Although all the power in the state is in the hands of the President or the Governor, during the period of the rule of the President, he cannot delegate the power of the High Court to himself or to the other. The President has the power to dissolve the constituent assembly.
- After the Bommai case of 1959, the Supreme Court arbitrarily banned President's rule. It was first experimented in some parts of Punjab in 1949. This clause was widely used in times of emergency.
The President's rule was also imposed twice in Maharashtra.
President's rule was imposed in Maharashtra for some time. In 1959, the Congress government was elected. Sharad Pawar had led the Pulod government at this time. They were sacked and the central elections were held in that time. As a result, the President's rule was implemented in Maharashtra from February 1, 1979 to June 1, 1979. Also, the President's rule was imposed for 2 days in 2, ie from September 7 to October 8. With the NCP withdrawing the support of the Co-operative Congress, the government collapsed and the President's rule was implemented.
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