Misuse of Article 356 by Central Government

Article 356 is the most contentious article of the Constitution.It offers for State emergency or President’s rule in State if the President, on receipt of

It offers for State emergency or President’s rule in State if the President, on receipt of report from the Governor of a State or otherwise, is satisfied that a situation has risen in which the Government of the State cannot be carried on in accordance with the provisions of the Constitution.

The duration of such emergency is six months and it can be extended further. In the Constituent Assembly, Ambedkar had made it clear that the Article 356 would be applied as a last option. He also hoped that “such articles will never be called into operation and that they would remain a dead letter.”

Emergency Provision

Article 356 should be used very carefully, in extreme cases, as a matter of last resort. A warning should be issued to the disturbed State in specific terms alternatives must not ordinarily be dispensed with.

It should be provided through proper amendment that nevertheless anything in clause (2) of Article 74 of the Constitution, the material facts and grounds on which Article 356 (1) is appealed, should be made an integral part of the proclamation issued under the Article.

This will also assure the control of the Parliament over exercise of this power by the Union Executive, more effective.

By B2B

Revisiting the Basics

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