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Constitution of India · Part XVIII: Emergency Provisions

Article 356: Provisions in case of failure of constitutional machinery in States

In plain words

If the President, on a report from the Governor or otherwise, is satisfied that a State's Government cannot be carried on according to the Constitution, the President can by Proclamation take over the State Government's functions and the Governor's powers, declare that Parliament will exercise the State Legislature's powers, and make incidental provisions. The President cannot take over High Court powers.

  • The Proclamation lapses after two months unless both Houses of Parliament approve it.
  • Once approved, it lasts six months from issue, and can be extended six months at a time, but not beyond three years in total.
  • Extension beyond one year requires a national Emergency to be in operation and the Election Commission to certify that elections to the State Assembly are difficult to hold.
  • Special rules apply if the House of the People is dissolved, and to the Proclamation for Punjab on the 11th day of May, 1987.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Read the in-depth explanation, with key Supreme Court rulings ↓

Official text

(1) If the President, on receipt of a report from the Governor *** of a 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 this 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 any body 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;

(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State:

Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.

(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.

(3) Every Proclamation under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:

Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.

(4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of [six months from the date of issue of the Proclamation]:

Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of [six months] from the date on which under this clause it would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force for more than three years:

Provided further that if the dissolution of the House of the People takes place during any such period of [six months] and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People: [Provided also that in the case of the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab, the reference in the first proviso to this clause to “three years” shall be construed as a reference to [five years].] [(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such Proclamation shall not be passed by either House of Parliament unless—

(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and

(b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned:] [Provided that nothing in this clause shall apply to the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab.]

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Understanding this article

Article 356 allows the President to take over the government of a State, commonly called President's Rule, when satisfied that the State's government cannot be carried on in accordance with the Constitution. It is an emergency power in a federal system, and its history of misuse led the Supreme Court to place it under firm judicial control.

What a Proclamation does

  • The President can assume the functions of the State Government and the Governor.
  • The State legislature's powers can be exercised by or under the authority of Parliament.
  • The President cannot assume the powers of the High Court.

Parliamentary control and time limits

A Proclamation must be approved by both Houses of Parliament within two months, or it lapses. Once approved, it lasts six months, and can be extended by further approvals for six months at a time, subject to an overall maximum. Continuing beyond one year is allowed only under the special conditions in clause (5).

Judicial review after S.R. Bommai

A nine judge bench held that the President's satisfaction is open to judicial review. It must rest on relevant material; courts can examine whether the material exists and is relevant, though not its sufficiency. If the Proclamation is struck down, the Court can restore the dismissed government and revive a dissolved Assembly.

Floor test, not the Governor's opinion

Whether a government has lost its majority must be tested on the floor of the House, not decided by the Governor's subjective view. The Assembly should not ordinarily be dissolved until Parliament has approved the Proclamation.

Secularism and federalism

The Court treated secularism and federalism as basic features of the Constitution. A State government acting against secularism could justify Article 356, but a different party being in power in the State than at the Centre never can.

Key Supreme Court rulings

  • S.R. Bommai v. Union of India 1994 INSC 111

    The President's satisfaction under Article 356 is subject to judicial review and must be based on objective material; a different party in power at the Centre is not a ground; the Court examined the Proclamations in several States and laid down the floor test.

  • Rameshwar Prasad v. Union of India 2006 INSC 42

    Article 356 is an emergency power but not an absolute one; the dissolution of the Bihar Assembly was unconstitutional, as the Governor had misled the Union Council of Ministers on the basis of apprehended horse trading.

Common mistakes

  • Calling the President's satisfaction immune from review.
  • Allowing the Governor's assessment to replace a floor test.
  • Forgetting the time limits and the need for parliamentary approval.

Read with: Article 355 Constitution, Article 357 Constitution, Article 174 Constitution

Prepared with AI assistance as a study aid. Every ruling listed was checked against the Supreme Court's own judgments on this site, and quoted words appear in those judgments; linked names open the full judgment. Read the judgments themselves before relying on them. Not legal advice.

Supreme Court judgments citing the article 356