A Critical Evaluation Of Proclamation Of State Emergency Under The Constitution Of India

Ayushi Rai, National Law University and Judicial Academy Assam (NLU Assam)

CHAPTER 1: INTRODUCTION

India, known as the "Union of States," boasts a unique federation that combines aspects of both a unitary and federal system. This intricate political structure can be attributed to the nation's rich history, diverse society, and occasional divisive tendencies. The Constitution has clearly defined the roles and responsibilities of the Central and State governments, which must adhere to its guidelines. However, in certain circumstances, the Constitution grants the Central government the authority to intervene in State matters in order to preserve peace, unity, and the integrity of the nation. As a result, Article 356 of the Indian Constitution is often deemed controversial, granting extensive power to the President to impose their rule in States under a broadly-framed mandate. According to the Constitution of India, no single organ of government has been given absolute power. Instead, it is "We, the people of India" who hold the highest authority. As such, the will of the people should not be interfered with unless there are exceptional circumstances.

Article 356 of the Indian Constitution serves as a crucial and fundamental provision for the effective functioning of the states under the direct supervision of the President. It grants the central government the authority to step in and take over the state's powers if it fails to govern effectively. This provision, thoughtfully crafted by Dr. Ambedkar, allows for a peaceful and efficient administration of the state by the President in times of misgovernance. Its implementation empowers the central government to declare a presidential order in a state that 1as failed to maintain its operations clearly, ensuring that the state's duties are carried out effectively.