Points to Remember:
- Article 356: Presidential Rule, State Emergency
- Grounds for Proclamation
- Procedure for Proclamation
- Safeguards against misuse
- Judicial Review
- Impact on Federalism
Introduction:
Article 356 of the Indian Constitution, often referred to as the “President’s Rule,” deals with the failure of constitutional machinery in a state. It empowers the President to assume control of a state’s administration if the state government is unable to function according to the Constitution. This provision has been a subject of considerable debate and criticism, raising concerns about its potential for misuse and its impact on India’s federal structure. The article’s application has varied significantly over the years, with some proclamations deemed justified and others criticized as politically motivated.
Body:
1. Grounds for Proclamation:
Article 356 allows the President to issue a proclamation if satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution. This is a broad provision, and the grounds for its application have been interpreted differently over time. These can include:
- Breakdown of law and order: Widespread violence, communal riots, or insurgency can trigger the proclamation.
- Failure of the state government to function: This could arise due to internal conflicts within the ruling coalition, political instability, or a lack of majority support in the state legislature.
- Financial mismanagement: Severe financial irregularities or inability to manage the state’s finances can also be a ground.
- Threat to national security: If a state government’s actions pose a threat to national security, the President may intervene.
2. Procedure for Proclamation:
The President can issue a proclamation only on the basis of a report from the Governor of the state or other information available to him. The proclamation must be laid before both Houses of Parliament. It remains in effect for six months unless approved by both Houses of Parliament. Parliament can extend the proclamation for a further period of six months at a time. The proclamation can be revoked by the President at any time.
3. Safeguards against Misuse:
While Article 356 provides a mechanism for addressing state-level crises, it also includes safeguards to prevent its misuse:
- Parliamentary Approval: The proclamation requires parliamentary approval, providing a check on executive power.
- Judicial Review: The Supreme Court has the power to review the validity of a proclamation, ensuring that it is not used arbitrarily or for political reasons. Several landmark judgments have shaped the interpretation and application of Article 356.
- Governor’s Report: The reliance on the Governor’s report, while potentially problematic, theoretically provides a degree of objectivity.
4. Judicial Scrutiny and Landmark Cases:
The Supreme Court has played a crucial role in defining the limits of Article 356. Cases like S.R. Bommai v. Union of India (1994) significantly strengthened the safeguards against misuse. The court laid down guidelines for the application of Article 356, emphasizing that it should not be used to circumvent the democratic process or to destabilize a democratically elected government. The court emphasized the need for a detailed report from the Governor and a thorough examination by the Parliament before the proclamation is issued.
5. Impact on Federalism:
The use of Article 356 has been a major point of contention in India’s federal system. Critics argue that it undermines the autonomy of states and centralizes power in the hands of the Union government. The frequent use of the article, particularly during periods of political instability, has raised concerns about its potential to erode the federal balance.
Conclusion:
Article 356 is a crucial but controversial provision of the Indian Constitution. While it provides a necessary mechanism for addressing exceptional circumstances in states, its potential for misuse necessitates stringent safeguards. The Supreme Court’s intervention through landmark judgments has helped to define the limits of its application and protect the principles of federalism and democracy. Moving forward, transparency in the process, stricter adherence to judicial guidelines, and a greater emphasis on collaborative federalism are essential to ensure that Article 356 is used judiciously and only as a last resort, preserving the integrity of India’s democratic and federal structure. A robust and transparent system of checks and balances is crucial to maintain the delicate balance between the Union and the States, upholding the constitutional values of democracy and federalism.
CGPCS Notes brings Prelims and Mains programs for CGPCS Prelims and CGPCS Mains Exam preparation. Various Programs initiated by CGPCS Notes are as follows:-