Governor’s Authority: Recommending President’s Rule When Law and Order Breaks Down

Understanding the Constitutional Implications and a Maximum Timeline of 3 Years

In a startling move, the Governor of Kerala contemplates submitting a report to the President, highlighting security lapses within the state. This decision could trigger heightened security measures. That includes the potential deployment of the Central Army for Raj Bhavan’s protection. The unfolding situation raises questions about the delicate balance between state and central governance.

Security Protocols Under Scrutiny

Governor’s Authority to Report
The Governor, holding Z plus security for three years, prioritizes submitting a monthly report to the President through the Ministry of Home Affairs. Recent developments hint at the possibility of expressing dissatisfaction with the current security arrangements in Kerala.

Varied Security Measures
Security protocols for dignitaries depend on multiple factors, such as location and intelligence reports. The Security Review Committee convenes every six months to assess the situation and recommend adjustments. Recent breach reports have prompted central agencies to investigate, potentially leading to strengthened security measures.

Security Dynamics during Travel
While the Kerala Police ensures the Governor’s security within the state, arrangements differ when traveling outside. The convoy comprises an advance pilot vehicle, VIP vehicle, security vehicle for Raj Bhavan, police vehicles, ambulance, and fire force vehicles. ADCs from the Indian Navy and Kerala cadre IPS officers accompany the Governor.

Constitutional Implications and President’s Rule

Governor’s Authority to Recommend President’s Rule
Amidst the security concerns, the Governor holds the authority to recommend imposing the President’s rule, citing a breakdown of law and order. However, the likelihood of such a drastic move remains uncertain. It only depends on the broader political and law enforcement context.

Article 356 Provisions
Article 356 of the Constitution outlines the procedure for imposing the President’s rule in case of a failure of the constitutional machinery of the state. The President can intervene if the law cannot be administered as per constitutional provisions, either based on the Governor’s report or other compelling reasons.

Legislative Approval and Limitations
Any proclamation of President’s rule requires approval from both Lok Sabha and Rajya Sabha. Failure to secure this approval within two months renders the proclamation void. This extraordinary power can also be exercised for three years, ensuring a checks-and-balances approach to such constitutional interventions.

Balancing Security and Constitutional Integrity
As security concerns take center stage in Kerala’s political landscape, the delicate dance between state autonomy and central oversight becomes increasingly complex. The Governor’s potential report to the President adds a layer of uncertainty, emphasizing the need for a nuanced approach to ensure constitutional principles’ security and integrity. The unfolding events warrant close observation as they navigate the intricate intersection of governance and constitutional authority.

Rohit Sharma

Rohit Sharma is a seasoned Political Journalist with a deep passion for Indian Politics. With over a decade of experience in the field, he has established himself as a trusted… More »

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