From Constitutional Remedy To Political Weapon: A Critical Study Of Article 356 In The Indian Constitution

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Ngahnunhoi Haokip, Christ University Lavasa, Pune

ABSTRACT

Article 356 of the Constitution of India is a special constitutional mechanism in place to counter cases when the working of the governance of a State cannot be conducted in accordance with the constitutional provisions. Although this was originally meant to be a remarkable protection to ensure federal integrity, democratic governance and national unity, its implementation has elicited a lot of controversy. This paper will look at the history and development of Article 356 and how it was initially seen as an uncommon provision but now used quite frequently, often with a political factor of influence. It is a critical examination of the powers of constitutional authorities, especially Governors, and the doctrine of the subjective satisfaction of the President, which has been traditionally used to remove State governments. The study also assesses the effect of the historic ruling in S.R. Bommai v. Union of India (1994) that brought about the judicial review and placed substantial restrictions on the misuse of the provision.

The present article is a doctrinal analysis supported by the case study analysis to assess the implications of Article 356 on the federal system and democracy in India. It uses the provisions of the constitution, court rulings, and some of the salient suggestions of the Sarkaria and Punchhi Commissions to appreciate the need and abuse of the provision. The paper concludes that even though Article 356 is an essential constitutional safeguard, its soundness is in the strict adherence to constitutional morality and constitutional responsibility. It recommends reforms in coming up with definite definitions of failure of constitutional machinery, gubernatorial neutrality, floor tests and time limits in the President Rule. Lastly, the research points out the need to find a balance between constitutional imperative and federalism and democracy in India.

Keywords: Article 356, President’s Rule, Federalism, Constitutional Machinery, Judicial Review, S.R. Bommai Case, Governor’s Role, Constitutional Morality, Sarkaria Commission, Punchhi Commission.

367. FROM CONSTITUTIONAL REMEDY TO POLITICAL WEAPON- A CRITICAL STUDY OF ARTICLE 356 IN TH

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