Article 356 Under The Constitution Of India Can Sustain After 75 Years Of Independence Of The Larges

Article 356 Under The Constitution Of India Can Sustain After 75 Years Of Independence Of The Largest Democracy Or A Flaw In Center States Relations: A Critique

Utkarsh Yadav, B.A.LL.B (Hons.), DR Ram Manohar Lohiya National Law University, LL.M. (Amity University Uttar Pradesh, Lucknow Campus).

“Federalism is the best curb on democracy. its assigns limited power to the central government. there by all power is limited. It excludes absolute power of the majority.”

- James Madison

ABSTRACT

At the time of framing of constitution while the country was celebrating the attainment of independence and was looking towards liberal democratic regime,there were also prevailing quite abnormal situation like law and order problems due to large scale migration of population from and towards Pakistan. Further,there were apprehension,of integrating the princely states of india. Framers of the Constitution,therefore, gave an opinion that “in hour of grave emergency when the security or stability of the country or any part thereof was thtreatened, the central government should not not be a mere helpless observer but armed with necessary authority to deal with it”. Article 356 has been one of the most contentious provisions whenever a debate on Emergency provisions under the Indian Constitution is initiated. It is an argument provoking provision of the Constitution because its misuse and abuse directly acts in consonance with the murder of the democratic fabric of the Indian polity. The paper has been arranged in such a manner to assist the reader to read and retain the information not just at the surface level, but to inculcate a deeper conceptual knowledge of Article 356 of the Indian Constitution, which is one of the cardinal legal provisions under the Constitution related to not only the subject of ‘Emergency’ but also Union and State relations in the federal structure of the Indian polity. The paper briefly focuses on the concept of emergency provisions as they exist in the Indian political and legal system, and majorly focuses on the constitutional dynamics surrounding Article 356 – which is infamously known as the “President’s Rule” or “State Emergency”.A Curious Question must aries in each mind of us even after 75 years of independence we really need Article 356 or its utter misuse creates a tussle between center states relations.

Keywords: Article 356 – President’s Rule –Constituent Assembly debates- S.R. Bommai Case Law – Sarkaria Commission Report – a dead letter of law or a misused provision.