46-437: Inner Line Permit (ILP) is an official travel document issued by the state government concerned to allow inward travel of an Indian citizen into a protected area for a limited period. It is obligatory for Indian citizens from outside those states to obtain a permit to enter the protected state. The document is an effort by the government to regulate movement to certain areas located near the international border of India. An ILP
92-491: A further one-twelfth by registered graduates of more than three years' standing. Remaining members are nominated by the Governor from among those who have distinguished themselves in literature , science , art , cooperative movement and social service . Legislative Councils are not subject to dissolution but one-third of their members retire every second year. The Bharatiya Janata Party -led National Democratic Alliance
138-623: A maximum of 3 years with the approval of the Parliament done every 6 months; however it can be extended repeatedly if the Election Commission of India recommends that elections are not possible. If the Lok Sabha is dissolved during this time, the rule is valid for 30 days from the first sitting of the new Lok Sabha provided that this continuance has already been approved by Rajya Sabha . The 44th Amendment Act of 1978 introduced
184-457: A new provision to put a restraint on the power of Parliament to extend the President's rule in a state. According to this provision, the president's rule can only be extended over a year, under the following conditions: President's rule can be revoked at any time by the President and does not need Parliament's approval. Until the mid-1990s, President's rule was often imposed in states through
230-456: A permit authorising an Indian or foreign citizen to enter a protected area is referred to as an 'inner line permit' as it grants entry to areas lying between the international boundary and the so-called "Inner Line" of the country. There are also allegations that ILP will violates the fundamental rights of the Indian citizens guaranteed under Articles of 14, 15, 19 and 21 and also it will suppress
276-584: A proclamation, after obtaining the consent of the President of India allowing Governor's rule for a period of up to six months after which President's rule under Article 356 of the Constitution of India can be imposed. After the revocation of Article 370 , President's rule applies to Jammu and Kashmir under section 73 (since Article 356 of Constitution of India does not apply to union territories) of Jammu and Kashmir Reorganisation Act, 2019 . Following
322-529: A state is appointed by the President of India for a term of five years and holds office during their pleasure. Only Indian citizens above 35 years of age are eligible for appointment to this office. Executive power of the state is vested in the Governor. All Governors are obligated to discharge their constitutional functions such as the appointment of the Chief Minister of a state, sending a report to
368-444: A state legislature without the previous sanction of the President. State legislatures, apart from exercising the usual power of financial control, use all normal parliamentary devices like questions, discussions, debates, adjournments, and no-confidence motions and resolutions to keep a watch over the day-to-day work of the executive. They also have their own committees on estimates and public accounts to ensure that grants sanctioned by
414-412: A wider debate of the federal structure of government in Indian polity. The Sarkaria Commission Report on Centre-State Relations 1983 has recommended that Article 356 must be used "very sparingly, in extreme cases, as a measure of last resort, when all the other alternatives fail to prevent or rectify a breakdown of Constitutional machinery in the state". B. R. Ambedkar also said that it would be like
460-633: Is a bicameral legislature. The Vidhan Sabha is the lower house and corresponds to the Lok Sabha while the Vidhan Parishad is the upper house and corresponds to the Rajya Sabha of the Parliament of India . While the Union government handles defence, external affairs etc. , the state government deals with internal security and other state issues . Income for the Union government
506-604: Is appointed by the Governor , who also appoints other ministers on the advice of the Chief Minister. The Council of Ministers is collectively responsible to the Legislative Assembly of the state. The Council of Ministers with the Chief Minister as its head aids and advises the Governor in exercise of his functions except in so far as he is by or under the Constitution required to exercise his functions or any of them at his discretion. In respect of Nagaland , its Governor has special responsibility under Article 371 A of
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#1732772763786552-534: Is from customs duty , excise tax , income tax etc., while state government income comes from sales tax (VAT), stamp duty etc.; now these have been subsumed under the various components of the Goods and Services Tax . The Sarkaria Commission was set up to review the balance of power between states' and the Union governments. The Union government can dissolve a state government in favour of President's rule if necessary, subject to certain conditions, as ruled by
598-799: Is in power in 20 legislative assemblies; the Indian National Developmental Inclusive Alliance is in power in 10 legislative assemblies; 1 legislative assemblies are ruled by other parties/alliances; and 5 union territories do not have a legislative assembly. State legislature has exclusive powers over subjects enumerated in the State List (List II of the Seventh Schedule) of the Constitution and concurrent powers over those enumerated in sub List III. Financial powers of legislature include authorization of all expenditure, taxation and borrowing by
644-547: Is in power in 4 legislative councils; the Indian National Congress -led Indian National Developmental Inclusive Alliance is in power in 2 legislative councils; and 30 other states/union territories do not have a legislative council. The Legislative Assembly of a state consists of not more than 500 and not fewer than 60 members (Legislative Assembly of Sikkim has 32 members, while Puducherry has 33, Goa and Mizoram have 40 seats each vide Article 371F of
690-561: Is known to have imposed President's rule 39 times in different states. Similarly, the Janata Party which came to power after the emergency issued President's rule in 9 states which were ruled by Congress. The practice was limited only after the Supreme Court established strict guidelines for imposing President's rule in its ruling on the S. R. Bommai v. Union of India case in 1994. This landmark judgement has helped curtail
736-464: Is the suspension of state government and imposition of direct Union government rule in a state . Under Article 356 of the Constitution of India , if a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery. Subsequently, executive authority is exercised through the centrally appointed governor , who has
782-459: Is usually significantly easier to obtain than the analogous Protected Area Permit (PAP) which is the document required by non-citizens to enter the same areas. According to the Constitution of India , all Indian citizens are free to live and work in any state/UT of the country, but entry to certain states with a protected status requires authorisation by the state government concerned, i.e. special permissions are required to visit these areas. Such
828-497: The Council are elected by members of the legislative assembly from amongst persons who are not its members, one-third by electorates consisting of members of municipalities , district boards and other local authorities in the state, one-twelfth by an electorate consisting of persons who have been, for at least three years, engaged in teaching in educational institutions within the state not lower in standard than secondary school and
874-487: The Supreme Court of India in S. R. Bommai v. Union of India . It is for 5 years only. For every state, there is a legislature, which consists of a Governor and either one or two houses. 6 out of 28 states have bicameral legislatures, namely Andhra Pradesh , Bihar , Karnataka , Maharashtra , Telangana , and Uttar Pradesh , with the remaining states having a unicameral one. Parliament may, by law, provide for
920-482: The come back Article 370 in 31 dec 2024 and bifurcation into two Union territories, President's rule applied after the application of Governor's rule under the erstwhile state's constitution for 6 months. After the revocation and bifurcation, the reorganized Union Territory of Jammu and Kashmir is subject to the section 73 of the Jammu and Kashmir Reorganization Act, 2019 , which is used to impose President's rule as
966-740: The head of Council of Ministers in every state being the Chief Minister . Power is divided between the Union government (federal government) and the state governments. Each state has a legislative assembly . A state legislature that has one house – the State Legislative Assembly (Vidhan Sabha) – is a unicameral legislature. A state legislature that has two houses – the State Legislative Assembly and State Legislative Council (Vidhan Parishad) –
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#17327727637861012-473: The 1994 landmark judgment in S. R. Bommai v. Union of India , the Supreme Court of India restricted arbitrary impositions of President's rule. Chhattisgarh and Telangana are the only states where the President's rule has never been imposed so far. In practice, President's rule has been imposed in a State under any one of the following different circumstances: If approved by both Houses, President's rule can continue for 6 months. It can be extended for
1058-547: The Article 356 is not applicable to Union Territories. The provision states: 73. If the President, on receipt of a report from the Lieutenant Governor of Union territory of Jammu and Kashmir, or otherwise, is satisfied,— (a) that a situation has arisen in which the administration of the Union territory of Jammu and Kashmir cannot be carried on in accordance with the provisions of this Act, or (b) that for
1104-454: The Constitution with respect to law and order and even though it is necessary for him to consult Council of Ministers in matters relating to law and order, he can exercise his individual judgement as to the action to be taken. State High courts have jurisdiction over the whole state, but report to the Supreme Court of India , which may override the high court's judgments and rulings. President%27s rule In India , President's rule
1150-506: The Constitution) chosen by direct election from territorial constituencies in the state. Demarcation of territorial constituencies is to be done in such a manner that the ratio between population of each constituency and number of seats allotted to it, as far as practicable, is the same throughout the state. The term of an assembly is five years unless it is dissolved earlier. The Bharatiya Janata Party led National Democratic Alliance
1196-586: The Governor in matters relating to sharing of royalties between the district councils and the state government. The Sixth Schedule vests additional discretionary powers in the Governors of Mizoram and Tripura in almost all their functions (except approving regulations for levy of taxes and money lending by non-tribal district councils) since December 1998. In Sikkim, the Governor has been given special responsibility for peace and social and economic advancement of different sections of population. The Chief Minister
1242-544: The Governor is only a constitutional head. However, during President's rule, the Council of Ministers is dissolved, later on vacating the office of Chief Minister. Furthermore, the Vidhan Sabha is either prorogued or dissolved , necessitating a new election. Prior to 2019, the constitution of the state of Jammu and Kashmir had a similar system of Governor's rule , under its Section 92. The state's governor issued
1288-696: The National Capital Territory in accordance with the provisions of article 239 and article 239AA. In the Union Territory of Puducherry, President's rule is applied on the basis of Article 51 of the Government of Union Territories Act, 1963 . Which thus reads 51. - If the President, on receipt of a report from the Administrator of the Union territory or otherwise, is satisfied,― (a) that a situation has arisen in which
1334-486: The President on the failure of the Constitutional machinery in a state or in respect of matters relating to assent to passing a bill in the state assembly. Similarly, in respect of Arunachal Pradesh , its Governor has special responsibility under Article 371H of the Constitution with respect to law and order and in discharge of his functions in relation thereto. The Governor exercises his individual judgement as to
1380-471: The President. Bills relating to subjects like the compulsory acquisition of property, measures affecting powers and position of High Courts, and the imposition of taxes on storage, distribution, and sale of water or electricity in Inter-state River or river valley development projects should necessarily be so reserved. No Bills seeking to impose restrictions on inter-state trade can be introduced in
1426-408: The Union territory in accordance with the provisions of article 239. Article 356 gives wide powers to the Union government to assert its authority over a state if civil unrest occurs and the state government does not have the means to end it. Though the purpose of this article is to give more powers to the Union government to preserve the unity and integrity of the nation, it has often been misused by
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1472-408: The abolition of an existing Legislative Council or for the creation of one where it does not exist, if the proposal is supported by a resolution of the Legislative Assembly of the state concerned. The Legislative Council of a state comprises not more than one-third of the total number of members in the legislative assembly of the state and in no case fewer than 40 members. About one-third of members of
1518-480: The abuse of authority of Governors who were in collusion with the Union government. The Supreme Court of India in March 1994 established a precedent in S. R. Bommai v. Union of India , due to which such abuse has been drastically reduced. Article 356 is not applicable to Union territories, so there are many ways by which President's rule can be imposed in different Union territories with a Legislative Assembly. Until
1564-592: The action to be taken after consulting the Council of Ministers. These are, however, temporary provisions. If the President of India , on receipt of a report from Governor or otherwise is satisfied that it is no longer necessary for the Governor to have special responsibilities with respect to law and order, he may so direct by an order. Likewise, in the Sixth Schedule which applies to tribal areas of Assam, Meghalaya , Tripura and Mizoram as specified in para 20 of that Schedule, discretionary powers are given to
1610-466: The administration of the Union territory cannot be carried on in accordance with the provisions of this Act, or (b) that for the proper administration of the Union territory it is necessary or expedient so to do, the President may, by order, suspend the operation of all or any of the provisions of this Act for such period as he thinks fit and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering
1656-402: The authority to appoint other administrators to assist them. The administrators are usually nonpartisan retired civil servants not native to the state. When a state government is functioning correctly, it is run by an elected Council of Ministers responsible to the state's legislative assembly ( Vidhan Sabha ). The council is led by the chief minister , who is the chief executive of the state;
1702-632: The introduction of an ILP in Meghalaya to regulate the entry of outsiders into the state. There are also strong demands in Tamil Nadu for the introduction of ILP to regulate the unauthorized entry of outsiders into the state to reduce the crime rates. State governments of India State Governments of India are the governments ruling over the 28 states and 3 union territories (8 union territories of India but 3 union territories have Legislative Assembly as well as governments) of India with
1748-469: The legislature are properly utilized. There are, overall, 4,121 legislative assembly seats in states and Union territories of India. Andhra Pradesh abolished its Legislative Council in 1984, but set up a new Legislative Council following elections in 2007. The state executive consists of a Governor and the State Council of Ministers, with the Chief Minister as its head. The Governor of
1794-515: The nation's Integrity. An ILP was previously required for certain parts of the Leh district in Ladakh . This requirement was abolished by a circular issued by the district magistrate which took effect from 1 May 2014, although foreign nationals are required to get Protected Area Permit for this region. The ILP was implemented again in 2017 only to be removed again in 2021. There are ongoing demands for
1840-420: The proper administration of Union territory of Jammu and Kashmir it is necessary or expedient so to do, the President may, by order, suspend the operation of all or any of the provisions of this Act for such period as he thinks fit and makes such incidental and consequential provisions as may appear to him to be necessary or expedient for administering the Union territory of Jammu and Kashmir in accordance with
1886-564: The provisions of article 239AA or of any law made in pursuance of that article; or (b)that for the proper administration of the National Capital Territory it is necessary or expedient so to do, the President may by order suspend the operation of any provision of Article 239AA or of all or any of the provisions of any law made in pursuance of that article for such period and subject to such conditions as maybe specified in such law and make such incidental and consequential provisions as may appear to him to be necessary or expedient for administering
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1932-455: The provisions of this Act. In NCT of Delhi, President's rule is applied on the basis of Article 239AB of the Constitution of India (as the Article 356 is not applicable to Union Territories) which reads thus: 239AB. - If the President, on receipt of a report from the Lieutenant Governor or otherwise, is satisfied— (a)that a situation has arisen in which the administration of the National Capital Territory cannot be carried on in accordance with
1978-482: The ruling parties at the centre, who used it as a pretext to dissolve state governments ruled by political opponents. Thus, it is seen by many as a threat to the federal state system. Since the adoption of the Indian constitution in 1950, the Union government has used this 134 times to dissolve elected state governments by imposing President's rule. The article was used for the first time in Punjab on 20 June 1951. It
2024-407: The state government. The Legislative Assembly alone has the power to originate money bills. The Legislative Council can only make recommendations in respect of changes it considers necessary within a period of fourteen days of the receipt of money bills from the Legislative Assembly, which can accept or reject these recommendations. The Governor of a state may reserve any Bill for the consideration of
2070-470: The widespread abuse of Article 356. The judgement established strict guidelines for imposing President's rule. Subsequent pronouncements by the Supreme Court in Jharkhand and other states have further limited the scope for misuse of Article 356. Only since the early 2000s has the number of cases of imposition of President's rule has been drastically reduced. Article 356 has always been the focal point of
2116-532: Was also used in the state of Patiala and East Punjab States Union (PEPSU) and during the Vimochana Samaram to dismiss the democratically elected Communist state government of Kerala on 31 July 1959. In the 1970s and 1980s, it was common for the Union government to dismiss state governments led by opposition parties. The Indira Gandhi regime and post-emergency Janata Party were noted for this practice. Indira Gandhi's government between 1966 and 1977
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