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President’s Rule in Puducherry notified

  • Posted By
    10Pointer
  • Categories
    Polity & Governance
  • Published
    26th Feb, 2021

Context

The Legislative Assembly of the Union Territory of Puducherry is placed under suspended animation because the government failed to prove its majority on the floor of the house.

Reason

  • President is satisfied that a situation has arisen in which the administration of the Union territory of Puducherry cannot be carried on in accordance with the provisions of the Government of Union Territories Act, 1963.

Government of Union Territories Act, 1963

Section 51. Provision in case of failure of constitutional machinery.?If the President, on receipt of a report from the Administrator of the Union territory or otherwise, is satisfied,?

  1. that a situation has arisen in which the administration of the Union territory cannot be carried on in accordance with the provisions of this Act, or
  2. that for the proper administration of the Union territory it is necessary or expedient so to do,

The President can suspend the operation of all or any of the provisions of Government of Union Territories Act, 1963 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 the Union territory in accordance with the provisions of article 239 of the constitution

Effect of the order

  • The UT of Puducherry will be directly governed by the President through the Administrator (Lt. Governor) and the council of ministers stand dissolved.
  • According to the Allocation of Business Rules, 1961, certain subjects pertaining to Union Territories, namely Legislative matters, Finance and Budget and Services, have been allocated to the Home Ministry.
  • President can authorize Parliament to sanction any pending expenditure from the Consolidated Fund of UT of Puducherry (which was earlier a function of Legislative Assembly of Puducherry)
  • Contingency Fund of UT of Puducherry will be credited from Consolidated Fund of UT by the approval of Parliament.

Difference between imposing President’s rule in State and UT.

President’s rule in State is imposed based on powers derived from Article 356 of the constitution but in case of UT it is Section 51 of Government of Union Territories Act, 1963

Other emergency provisions in Constitution

  • National Emergency due to war, external aggression or armed rebellion (Article 352).
  • Financial Emergency due to a threat to the financial stability or credit of India (Article 360).

Comparison of 3 types of Emergencies

 

National Emergency

President’s Rule

Financial Emergency

Constitutional Provision

Article 352

Article 356 and 365

Article 360

Grounds of Declaration

External aggression and armed rebellion

Failure of constitutional machinery

Threat to financial stability or Credit of India

Parliamentary approval within

1 month

2 months

2 months

Majority

Special (50%+2/3)

Simple

Simple

Duration of enforcement after parliamentary approval

6 months

6 months

indefinite

Maximum period of extension

Indefinite period by taking approval every 6 months

3 years after taking approval every 6 months

Does not require repeated approval

Revocation

By President or Lok Sabha passing resolution by simple majority

By President

By President