Examining The Scope And Implications Of Article 356: A Critical Analysis Of Presidential Rule In India
- IJLLR Journal
- May 28
- 1 min read
Sathyanarayanaswamy C, Partner, Lexira Advocates Solicitors and Legal Consultants, New Delhi, India.
Chandralekha K.M., K.L.E Law College, Bengaluru.
ABSTRACT
In the Constitution of India, Article 356 which discourse the president discretionary powers to impose emergency, has traditionally been a hot subject in politics & occasionally a source of great ire within India's legal intellectual community. Even though constitution of India entails for a federal system of government, the way it has been implemented over time, coupled with a number of its clauses, jeopardizes its definition and interferes with its operation. The governor's role and emergency powers are specifically covered in this article. It also discusses the broad powers granted to the federal government to impose its will on a state in the event of civil disturbance and the state government's inability to put an end to it. It also highlights the rules and observations outlined in the Sarkaria Commission Report, 1987, and discusses the historic rulings that resulted in numerous modifications to the article to protect against abuse by the government. This paper's main thesis is that, despite their support for a powerful federal government, the Indian constitution's founding fathers would likely have been shocked and perplexed by the arbitrary and capricious way, the federal government has used some of its powers over the states, especially the opposition ones.
