What is President's rule? Why it is being imposed in Puducherry
New Delhi, Feb 24: There is every possibility that President's rule may be imposed in Puducherry as the Opposition parties are not willing to form government in the Union Territory after the fall of the Congress-DMK government.
The ball is now in the court of the Lieutenant Governor. The LG could either invite the largest alliance to form the government or recommend dissolution of the House and recommend President's rule.
The possibility of the UT being under President's rule is greater since elections are round the corner. All parties would be in favour of testing their chances out with the electorate instead of trying to form a government, when the elections are due in two months time.
The Election Commission of India is likely to announce the dates of the elections by the end of this month. Once the dates are announced, the model code of conduct comes into force. The parties would rather spend time campaigning instead of trying to form the government.
What is President's Rule?
President's rule can be imposed on recommendation of Governor in case of failure in constitutional machinery. Or in case, a state legislature is unable to function according to the constitutional provisions.
Article 356 of the Constitution provides for the imposition of President's Rule in a state in "case of failure of the constitutional machinery in the state".
As per Article 356(1): "If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution, the President may by Proclamation (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or anybody or authority in the State other than the Legislature of the State; (b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;...."
The President's Rule can be revoked before the six-month period if a situation emerges for formation of a stable government.
Can parties approach the Governor during President's Rule?
President's Rule can be imposed in the state for six months after which the EC will have to announce fresh polls. However, if any political formulation emerges in the meantime that can prove its majority on the floor of the House, President's Rule can be dissolved.