- published: 09 May 2016
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In the Republic of India, the phrase "President's rule" refers to the imposition of Article 356 of the Constitution of India on a State whose constitutional machinery has failed. In the event that a State government is not able to function as per the Constitution, the State comes under the direct control of the central government; in other words, it is "under President's rule". Subsequently, executive authority is exercised through the centrally appointed Governor, who has the authority to appoint retired civil servants or other administrators, to assist him.
On the other hand, when the State government is functioning normally, it is run by an elected Council of Ministers, who are collectively responsible to State's legislative assembly (Vidhan Sabha). The Council is headed by the Chief Minister who is the de facto chief executive of the State; the Governor is only a de jure constitutional head. However, during President's rule, the Council of Ministers stands dissolved, the office of Chief Minister becomes vacant and the Vidhan Sabha is either put in suspended animation or dissolved (necessitating a fresh election).
The Constitution of India is the supreme law of India. It is a living document, the permanent instrument which makes the government system work. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers and duties of government institutions and sets out fundamental rights, directive principles and the duties of citizens. It is the longest written constitution of any sovereign country in the world. The nation is governed on the basis of this Constitution.Dr. Bhimrao Ramji Ambedkar is regarded as the chief architect of the Indian Constitution, but it was the Constituent Assembly that worked under Dr Ambedkar and his team that drafted the final copy of the Indian Constitution.
The constitution of India imparts constitutional supremacy and not parliamentary supremacy as it is not created by the Parliament but created by a constituent assembly and adopted by its people with a declaration in the preamble to the constitution.Parliament cannot override the constitution.