Tuesday, 15 May 2018

President's rule

From Wikipedia, the free encyclopedia
In IndiaPresident's rule refers to suspension of state government and imposition of direct Central Government rule in a state. Under Article 356 of the Constitution of India, in the event that a state government is unable to function according to constitutional provisions, the Central government can take direct control of the state machinery. Subsequently, executive authority is exercised through the centrally appointed governor, who has the authority to appoint other administrators to assist them. The administrators are usually nonpartisan retired civil servants.
When a state government is functioning correctly, it is run by an elected Council of Ministers responsible to the state's legislative assembly (Vidhan Sabha). The council is led 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 is dissolved, vacating the office of Chief Minister. Furthermore, the Vidhan Sabha is either prorogued or dissolved, necessitating a new election.
Similarly, in the state of Jammu and Kashmir, failure of governmental function results in Governor's rule, imposed by invoking Section 92 of the Constitution of Jammu and Kashmir. The state's governor issues the proclamation, after obtaining the consent of the President of India. If it is not possible to revoke Governor's rule within six months of imposition, the President's Rule under Article 356 of the Indian Constitution is imposed. There is little practical difference between the two provisions.
Following its landmark judgment in the 1994 Bommai case, the Supreme Court of India has restricted arbitrary impositions of President's rule.
Chhattisgarh and Telangana are the only states where President's rule has yet to be imposed.

Imposition[edit]

In practice, president's rule has been imposed under different circumstances:
  • State Legislature is unable to elect a leader as Chief Minister
  • Breakdown of a coalition
  • Loss of majority in the assembly
  • Elections postponed for unavoidable reasons
If approved by both houses, President's Rule can continue for 6 months. It can be extended for a maximum of 3 years with the approval of the Parliament done every 6 months. If the Lok Sabha is dissolved during this time, the rule is valid for 30 days from the first sitting of the Lok Sabha provided that this continuance has already been approved by Rajya Sabha. The 44th Amendment Act of 1978 introduced a new provision to put a restraint on the power of the Parliament to extend President's rule in a state. According to this provision, President's rule can only be extended over a year every 6 months under following conditions:
  • There is already a National emergency throughout India, or in the whole or any part of the state.
  • The commission of election certifies that elections cannot be conducted in the concerned state.
President's rule can be revoked at any time by the President and does not need the Parliament's approval.
Until the mid-1990s, President's rule was often imposed in states through abusing the authority of Governors who were in collusion with the central government. The Supreme Court of India in March 1994 instituted a rule by which such abuse has been drastically reduced.

Criticism[edit]

Article 356 gave wide powers to the central government to assert its authority over a state if civil unrest occurs, and the state government does not have the means to end it. Though the purpose of this article is to give more powers to central government to preserve the unity and integrity of the nation, it has often been misused[1] by the ruling parties at the center, who used it as a pretext to dissolve state governments ruled by political opponents.[2] Thus, it is seen by many as a threat to the federal state system. Since the adoption of Indian constitution in 1950, the central government has used this article several times[3] to dissolve elected state governments by imposing President's rule.
The article was used for the first time in Uttar Pradesh 1954. It was also used in the state of Patiala and East Punjab States Union (PEPSU) and during the Vimochana Samaram to dismiss the democratically elected Communist state government of Kerala on 31 July 1959. In the 1970s and 1980s, it was common for the central government to dismiss state governments led by opposition parties.[4] The Indira Gandhi regime and post-emergency Janata Party were noted for this practice. Indira Gandhi's government between 1966 and 1977 is known to have imposed President's rule 39 times in different states. Similarly, the Janata Party which came to power after the emergency issued President's rule in 9 states which were ruled by Congress.
The practice was limited only after the Supreme Court established strict guidelines for imposing the President's Rule in its ruling on the S. R. Bommai v. Union of India case in 1994. This landmark judgement has helped curtail the widespread misuse of Article 356. The judgement established strict guidelines for imposing President's rule. Subsequent pronouncements by the Supreme Court in Jharkhand and other states have further limited the scope for misuse of Article 356. Only since the early 2000s has the number of cases of imposition of President's rule has been drastically reduced.
Article 356 has always been the focal point of a wider debate of the federal structure of government in Indian polity.[5] The Sarkaria Commission Report on Centre-State Relations 1983 has recommended that Article 356 must be used "very sparingly, in extreme cases, as a measure of last resort, when all the other alternatives fail to prevent or rectify a breakdown of constitutional machinery in the state".[6] Dr. Ambedkar also said that it would be like a "dead letter" (i.e. would be used rarely).

List of instances[edit]

StateDate of impositionDate of revocationDurationNotes
Andhra Pradesh[1]18 January 197310 December 1973326 daysBreak down of Law & Order due to Jai Andhra Agitation, in P. V. Narasimha Rao's tenure.
Andhra Pradesh[2]28 February 20148 June 2014100 daysPolitical impasse following the resignation of Chief Minister Kiran Kumar Reddy and several other congress party legislators from the Government as well as the Party, in protest against Indian Parliament passing Andhra Pradesh Reorganisation Bill to bifurcate united Andhra Pradesh and create a separate Telangana State.[7] President's rule revoked from Telangana areas on 2 June 2014 and bifurcated Andhra Pradesh areas on 8 June 2014.[8] President rule reimposed unlawfully by the President after the two months time limit without taking approval of the Parliament under Article 356.[9][10]
Andhra State [1]15 November 195429 March 1955134 daysLoss of Majority.
Arunachal Pradesh [1]3 November 197918 January 198076 daysLoss of Majority following defections in a fluid political environment during Janata party rule at the Centre.
Arunachal Pradesh [2]25 January 201619 February 201626 days21 Congress MLAs joined hands with 11 of the BJP and two Independents, making the current government a minority government.[11] Supreme Court declared the imposition of president rule as ultra vires and reinstated the dismissed congress led government in the state. In a landmark judgement, it found fault with the unconstitutional role played by the Governor by interfering in the activities of legislatures and speaker of the Vidhan Shaba[12]
Assam [1]12 December 19795 December 1980359 days'Assam Agitation' against illegal foreign national staying in Assam started to take roots under the leadership of the All Assam Students’Union (AASU). The violence fuelled by United Liberation Front of Asom (ULFA) resulted in break down of law and order.
Assam [2]30 June 198113 January 1982197 daysCongress (I) government led by Anwara Taimur representing immigrant minorities collapsed following intensification of 'Assam Agitation' against illegal foreign national staying in Assam.
Assam [3]19 March 198227 February 1983345 daysCongress (I) government led by Kesab Gogoi representing ethnic Asom people collapsed following continued violence in Assam.
Assam [4]28 November 199030 June 1991214 daysGovt. dismissed in spite of AGP CM Prafulla Mahanta enjoying majority support in Assembly. The dismissal was triggered apparently by the threat to internal security due to banned organisation ULFA's activities. During President's rule, Operation Bajrang was launched to flush out ULFA militants.
Bihar [1]29 June 196826 February 1969242 daysLoss of Majority following defections in a fluid political environment.
Bihar [2]4 July 196916 February 1970227 daysLoss of Majority following defections in a fluid political environment due to split in ruling Congress party
Bihar [3]9 January 197219 March 197270 daysLoss of Majority following defections in a fluid political environment.
Bihar [4]30 April 197724 June 197755 daysGovernment dismissed in spite of Jagannath Mishra enjoying majority support in Assembly
Bihar [5]17 February 19808 June 1980112 daysGovernment dismissed in spite of Ram Sundar Das enjoying majority support in Assembly
Bihar [6]28 March 19955 April 19958 daysPresident’s rule imposed for a brief period of one week to facilitate passage of vote on account (to permit day-to-day government expenses in Bihar) by Parliament while awaiting the results of Assembly elections held during the Chief Ministership of Laloo Prasad.
Bihar [7]12 February 19999 March 199925 daysBreakdown of law and order, killings of 11 Dalits at Narayanpur. The Vajpayee Government, revoked President’s rule within 26 days since the coalition did not have a majority in the Rajya Sabha.
Bihar [8]7 March 200524 November 2005262 daysIndecisive outcome of elections. In a landmark judgement, Supreme Court ruled that the imposition of the president rule without giving the chance to the elected legislatures to form new government is unconstitutional and mala fide act by the President.[13]
Delhi [1]14 February 201411 February 2015362 daysArvind Kejriwal resigned as Chief Minister after failing to table the Jan Lokpal Bill in the Delhi Assembly.
Goa [1]2 December 19665 April 1967124 daysThe Union Territory of Goa's Assembly was dissolved to conduct an opinion poll to determine whether Goa should be merged with Maharashtra.
Goa [2]27 April 197916 January 1980264 daysLoss of majority following split in the ruling MGP Party
Goa [3]14 December 199025 January 199142 daysC.M. resigned consequent upon his disqualification by High Court - No other Government found viable
Goa [4]9 February 19999 June 1999120 daysLoss of majority and no alternate claimant to form next government
Goa [5]4 March 20057 June 200595 daysGovernment dismissed after controversial confidence vote secured in the Assembly by CM Pratap Sinh Rane
Gujarat [1]12 May 197117 March 1972310 daysLoss of Majority following vertical split in Congress during 1969 presidential election
Gujarat [2]9 February 197418 June 19751 year, 129 daysChimanbhai Patel led Congress government resigned due to Navnirman Movement Anti-Corruption protests. The protesters forced MLA's resignations, forcing dissolution of assembly.
Gujarat [3]12 March 197624 December 1976287 days"Non-Passage" of budget leading to collapse of government
Gujarat [4]17 February 19808 June 1980112 daysGovernment dismissed in spite of Babubhai J Patel enjoying majority support in the Assembly
Gujarat [5]19 September 199623 October 199634 daysGovernment dismissed following a controversial confidence vote. The Assembly was placed in suspended animation, which led to subsequent installation of Vaghela government, supported by Congress
Haryana [1]2 November 196722 May 1968202 daysGovernment dismissed in spite of having a tenuous majority.
Haryana [2]30 April 197721 June 197752 daysGovernment dismissed in spite of B D Gupta enjoying majority support in Assembly
Haryana [3]6 April 199123 July 1991108 daysRebellion in the ruling party
Himachal Pradesh[1]30 April 197722 June 197753 daysGovernment dismissed in spite of Thakur Ram Lal enjoying majority support in Assembly
Himachal Pradesh[2]15 December 19923 December 1993353 daysGovernment dismissed in the aftermath of the destruction of Babri Masjid-Ram Janmasthan in Uttar Pradesh.
Jammu and Kashmir [1]26 March 19779 July 1977105 daysSheikh Abdullah led National Conference government bowed out after being reduced to a minority following withdrawal of support by the Congress Party
Jammu and Kashmir [2]6 March 19867 November 1986246 daysLoss of majority
Jammu and Kashmir [3]19 January 19909 October 19966 years, 264 daysInsurgency and break down of law and order.
Jammu and Kashmir [4]18 October 20022 November 200215 daysIndecisive outcome of elections.
Jammu and Kashmir [5]11 July 20085 January 2009178 daysLoss of majority following collapse of coalition. CM Gulam Nabi Azad's decision to transfer land for Amarnath pilgrimage led to PDP pulling out of coalation Govt.
Jammu and Kashmir [6]9 January 20151 March 201551 daysFailure of Government formation after fractured verdict in Assembly elections. BJP & PDP reached an understanding to form an alliance to form Government in J&K.[14]
Jammu and Kashmir [7]8 January 20164 April 201687 daysDeath of Chief minister Mufti Mohammad Sayeed
Jharkhand [1]19 January 200929 December 2009344 daysLoss of Majority
Jharkhand [2]1 June 201011 September 2010102 daysLoss of Majority
Jharkhand [3]18 January 201312 July 2013175 daysLoss of Majority. BJP's ruling coalition partner JMM withdrew its support to the government pushing it into a minority. Chief Minister Arjun Munda resigned and sought dissolution of the state Assembly.[15]
Karnataka [1]19 March 197120 March 19721 year, 1 dayLoss of Majority
Karnataka [2]31 December 197728 February 197859 daysGovernment dismissed in spite of Congress CM Devraj Urs enjoying majority support in Assembly
Karnataka [3]21 April 198930 November 1989223 daysLoss of majority of CM S. R. Bommai, followed by dissolution of Assembly. On an appeal by S. R. Bommai, in a landmark judgement delivered in 1994, the Indian Supreme Court laid out the procedure to be followed before dissolving an elected assembly. The historic ruling in this case reduced the scope for misuse of Article 356 by future central governments and governors.
Karnataka [4]10 October 199017 October 19907 daysGovernment of Veerendra Patil dismissed by Prime Minister Rajiv Gandhi and state was placed under President's rule with the assembly placed in suspended animation until next chief Minister was elected
Karnataka [5]9 October 200711 November 200733 daysLoss of majority
Karnataka [6]20 November 200727 May 2008189 daysLoss of majority
Kerala [1]31 July 195922 February 1960206 daysGovernment dismissed in spite of Communist CM EMS Namboodiripad enjoying majority support in Assembly
Kerala [2]10 September 19646 March 19672 years, 177 daysLoss of majority followed by indecisive outcome of elections
Kerala [3]1 August 19704 October 197064 daysLoss of majority
Kerala [4]1 December 197925 January 198055 daysLoss of majority
Madhya Pradesh[1]29 April 197725 June 197757 daysGovernment dismissed in spite of Shyama Charan Shukla enjoying majority support in Assembly
Madhya Pradesh[2]18 February 19808 June 1980111 daysGovernment dismissed in spite of Sundar Lal Patwa enjoying majority support in Assembly
Madhya Pradesh[3]15 December 19927 December 1993357 daysGovt. dismissed in the aftermath of Babri Masjid-Ram Janmasthan destruction in Uttar Pradesh.
Maharashtra [1]17 February 19808 June 1980112 daysGovt. dismissed in spite of Sharad Pawar enjoying majority support in the Assembly
Maharashtra [2]28 September 201431 October 201433 daysGovt. dismissed since Congress Separated from its allies NCP and Others.
Manipur [1]12 January 196719 March 196766 daysFirst Elections to Manipur Union Territory Assembly held.
Manipur [2]25 October 196718 February 1968116 daysShort lived ministry collapsed following resignation of speaker, resulting in neither ruling nor opposition congress having a clear majority in the assembly. Assembly kept in suspended animation.
Manipur [3]17 October 196922 March 19722 years, 157 daysViolent secessionist insurgency and statehood demands resulted in breakdown of law and order
Manipur [4]28 March 19733 March 1974340 daysPresident's rule was imposed even though the opposition had a "tenuous" majority and could have formed a government
Manipur [5]16 May 197728 June 197743 daysCollapse of Government following defections
Manipur [6]14 November 197913 January 198060 daysDiscontent within Janata Party Government and corruption charges led to dismissal of government and dissolution of Assembly.
Manipur [7]28 February 198118 June 1981110 daysIncumbent Government fell following defections. Governor did not permit an alternate government to be formed by People's Democratic Front on the basis of his assessment regarding stability of the proposed ministry.
Manipur [8]7 January 19927 April 199291 daysIncumbent coalition Government fell following defections. President's rule imposed keeping assembly in suspension.
Manipur [9]31 December 199313 December 1994347 days1000 persons died in Naga-Kuki clashes and continued violence
Manipur [10]2 June 20016 March 2002277 daysLoss of majority
Meghalaya [1]11 October 19915 February 1992117 daysThe Centre imposed President's rule in Meghalaya in the wake of a political crisis after the then Speaker PR Kyndiah suspended five MLAs, mostly independents, on grounds of defection.[16]
Meghalaya [2]18 March 200912 May 200955 daysGovernment dismissed after controversial confidence vote secured in the Assembly by CM Donkupar Roy
Mizoram [1]11 May 19771 June 19781 year, 21 daysMizo Union Ministry led by Chief Minister Chhunga resigned in May 1977, ostensibly to facilitate the progress of peace talks. see Lost Opportunities: 50 Years of Insurgency in the North-east and India's Response, By S. P. Sinha, Page 95
Mizoram [2]10 November 19788 May 1979179 daysChief Minister Sailo's refusal to grant undue favours caused dissension in his party which led to the fall of his government and imposition of President's rule. see Lost Opportunities: 50 Years of Insurgency in the North-east and India's Response, By S. P. Sinha, Page 96-97
Mizoram [3]7 September 198824 January 1989139 daysDefections reduced the Government to minority
Nagaland [1]20 March 197525 November 19772 years, 250 daysDefections and counter defections led to imposition of President's rule
Nagaland [2]7 August 198825 January 1989171 daysThe state was under a brief spell of central rule again after the Hokishe Sema-led Congress government was reduced to a minority. The decision was challenged in the Supreme Court in held to be invalid in 1994.
Nagaland [3]2 April 199222 February 1993326 daysFluid party position and deteriorating law and order situation
Nagaland [4]3 January 200812 March 200869 daysGovernment dismissed after controversial confidence vote secured in the Assembly by CM Neiphiu Rio
Orissa [1]25 February 196123 June 1961118 daysHarekrishna Mahtab led Congress-Gantantra Parishad Minority Government resigned on 21 February 1961 due to differences in the Congress Party. President’s Rule was imposed on 25 February 1961.
Orissa [2]11 January 19713 April 197182 daysBreak-up of coalition
Orissa [3]3 March 19736 March 19741 year, 3 daysFacing imminent collapse of government, incumbent chief minister recommended dissolution of assembly and fresh elections.
Orissa [4]16 December 197629 December 197613 daysChief Minister Nandini Satpathy was forced out and assembly placed under suspended animation. A new Congress government was sworn in after revocation of President's rule.
Orissa [5]30 April 197726 June 197757 daysGovernment dismissed in spite of Binayak Acharya enjoying majority support in Assembly
Orissa [6]17 February 19809 June 1980113 daysGovernment dismissed in spite of Nilamani Routray enjoying majority support in Assembly
Patiala and East Punjab States Union [1]5 March 19538 March 19541 year, 3 daysPresident's rule was invoked in the erstwhile PEPSU (Patiala and East Punjab States Union ) State when the Akali Dal government, led by Gian Singh Rarewala, was dismissed
Pondicherry [1]18 September 196817 March 1969180 daysAssembly was dissolved and President's rule imposed as opposition parties had a chance to form a government after the fall of the Congress government.
Pondicherry [2]3 January 19746 March 197462 daysAssembly dissolved after fall of DMK government following decision of two ministers to join newly formed ADMK.
Pondicherry [3]28 March 19742 July 19773 years, 96 daysFall of coalition government of ADMK, Congress(O)following division of votes by Congress(R) and DMK. The Assembly was dissolved.
Pondicherry [4]12 November 197816 January 19801 year, 65 daysFall of government due to political instability
Pondicherry [5]24 June 198316 March 19851 year, 265 daysGovernment dismissed following withdrawal of Congress(I) from coalition government. In spite of incumbent chief minister asking for an opportunity to prove his majority on the floor of the house, the assembly was dissolved.
Pondicherry [6]4 March 19913 July 1991121 daysDMK Government dismissed in spite of having a majority in the Assembly
Punjab [1]20 June 195117 April 1952302 daysPandit Nehru kept the Punjab Assembly in suspension for nine months and 28 days to help the state Congress government get its act together.
Punjab [2]5 July 19661 November 1966119 daysState administration was taken over, ostensibly to facilitate bifurcation of Punjab state into two, Punjab and Haryana
Punjab [3]23 August 196817 February 1969178 daysBreak-up of coalition
Punjab [4]14 June 197117 March 1972277 daysFollowing poor performance in March, 1971 Lok Sabha Elections, incumbent Chief Minister advised dissolving state assembly and holding fresh elections to state legislature.
Punjab [5]30 April 197720 June 197751 daysGovernment dismissed in spite of Giani Zail Singh enjoying majority support in Assembly
Punjab [6]17 February 19806 June 1980110 daysGovernment dismissed in spite of Parkash Singh Badal enjoying majority support in Assembly
Punjab [7]10 October 198329 September 19851 year, 354 daysInsurgency and breakdown of law and order
Punjab [8]11 June 198725 February 19924 years, 259 daysInsurgency and breakdown of law and order
Rajasthan [1]13 March 196726 April 196744 daysIndecisive outcome of elections
Rajasthan [2]29 April 197722 June 197754 daysGovernment dismissed in spite of Hari Dev Joshi enjoying majority support in Assembly
Rajasthan [3]16 February 19806 June 1980111 daysGovernment dismissed in spite of Bhairon Singh Shekhawat enjoying majority support in Assembly
Rajasthan [4]15 December 19924 December 1993354 daysGovernment dismissed in spite of Bhairon Singh Shekhawat enjoying majority support in Assembly
Sikkim [1]18 August 197818 October 19791 year, 61 daysLoss of majority following split in Kazi Lhendup Dorji led Janata Party government. The central government imposed president's rule and followed up with electoral reforms before ordering fresh elections.
Sikkim [2]25 May 19848 March 1985287 daysCongress Government formed following induced collapse of Nar Bahadur Bandari Sikkim Janata Parishad Government was dismissed as it did not enjoy a majority in the Assembly.
Tamil Nadu [1]31 January 197630 June 19771 year, 150 daysGovernment dismissed in spite of Karunanidhi enjoying majority support in Assembly
Tamil Nadu [2]17 February 19806 June 1980110 daysGovernment dismissed in spite of M G Ramachandran enjoying majority support in Assembly
Tamil Nadu [3]30 January 198827 January 1989363 daysGovernment dismissed after controversial confidence vote secured in the Assembly by CM Janaki Ramachandran
Tamil Nadu [4]30 January 199124 June 1991145 daysGovernment headed by M. Karunanidhi dismissed by Prime Minister Chandrashekhar on charges of supporting anti-national activities, in spite of the then Governor Barnala's report and enjoying majority support in the Assembly.[17]
Travancore-Cochin [1]23 March 19565 April 19571 year, 13 daysLoss of majority following split in Congress Party
Tripura [1]1 November 197120 March 1972140 daysIn the backdrop of refugee influx due to Bangladesh Liberation War, split in the Congress and Communist agitation for Tripura to become a full-fledged state, President's rule was imposed. On 1 January 1972 Tripura became a State and assembly elections held subsequently.
Tripura [2]5 November 19775 January 197861 daysCollapse of short lived government in a fluid political environment
Tripura [3]11 March 199310 April 199330 daysElections postponed from 15 February 1993 to 3 April 1993 on account of deteriorating law and order situation. Caretaker CM resigns.
Uttar Pradesh [1]25 February 196826 February 19691 year, 1 dayLoss of majority following withdrawal of support by Congress (R) led by Indira Gandhi.
Uttar Pradesh [2]1 October 197018 October 197017 daysCharan Singh Ministry supported by Congress collapsed following split in Congress party.
Uttar Pradesh [3]13 June 19738 November 1973148 daysChief Minister resigned as a result of the 1973 Provincial Armed Constabulary revolt.
Uttar Pradesh [4]30 November 197521 January 197652 daysCongress Government of H N Bahuguna tendered resignation due to infighting within the party.
Uttar Pradesh [5]30 April 197723 June 197754 daysGovernment dismissed in spite of N D Tiwari enjoying majority support in Assembly
Uttar Pradesh [6]17 February 19809 June 1980113 daysGovernment dismissed in spite of Banarasi Das enjoying majority support in Assembly
Uttar Pradesh [7]6 December 19924 December 1993363 daysGovernment dismissed in the aftermath of the destruction of Babri Masjid-Ram Janmasthan
Uttar Pradesh [8]18 October 199521 March 19971 year, 154 daysLoss of Majority following collapse of coalition followed by indecisive outcome of fresh elections
Uttar Pradesh [9]8 March 20023 May 200256 daysIndecisive outcome of elections.
Uttarakhand [1]27 March 201621 April 201625 daysCollapse of CM Harish Rawat's ministry following a split in the state unit of Congress party. In the hearing of related case, Uttarakhand High Court declared the President's rule imposition by the President unconstitutional and restored the Harish Rawat's led government in the state.[18]
Uttarakhand [2]22 April 201611 May 201619 daysSupreme Court of India held the stay on Uttarakhand High Court's verdict thus reinstating the President's rule in the state.
Vindhya Pradesh[1]8 April 194913 March 19522 years, 340 daysPresident's rule was imposed in the erstwhile Vindya Pradesh State when Chief Minister resigned. President's rule was revoked following independent India's first general elections.
West Bengal [1]1 July 19628 July 19627 daysInterim Period between death of incumbent Chief Minister and election of new leader.
West Bengal [2]20 February 196825 February 19691 year, 5 daysState placed under President's rule following collapse of two successive short lived coalition governments.
West Bengal [3]19 March 19702 April 19711 year, 14 daysCollapse of United Front Coalition between Bangla Congress and CPI(M)
West Bengal [4]28 June 197119 March 1972265 daysCollapse of United Front Coalition between Bangla Congress and CPI(M)

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