ARTICLE 356 OF THE INDIAN CONSTITUTION: BOON OR A CURSE FOR THE FEDERAL SETUP?
Abstract
The Constitution of India follows a federal setup. There are clearly elaborated roles, when it comes to the legislative powers of the Central and state governments, which have been stated in the seventh schedule of the Constitution. Article 356 is a device through which, in exceptional and emergency circumstances, the Central government can take over the legislative and executive roles of a state government for a limited time. In India, there exists a multi-party system and there are different parties in states and center. The abuse of Article 356 by the political party at the center is not a shocking event and instances of the same have been observed at various times in India. Because of the ambiguity and subjectivity of the language of the said Article, the misuse becomes possible. This work is a doctrinal research based on case analysis of the Supreme Court of
India about the said misuse.
References
Chandra, Bipin. 2017. In the name of emergency; JP Movement and the emergency. Penguin random house: India.
Daniyal, Shoaib, 1/2016. A short history of the colonial origins of president’s rule and its misuse in independent India. Scroll: 16–22.
Desta, Sunil. 1993. President’s Rule in the states. Deep and Deep publishers: Delhi.
Dhawan, Rajeev. 1/2018. The Imposition of President’s Rule in J&K is Arbitrary and Un-Constitutional. The Wire: 6–11.
Dua, B.D. 1985. Presidential Rule in India 1950–1974: A study in Crisis Politics. S. Chand publishers: Delhi.
Gautham, Krishna. 2/2017. Article 356 – President’s Rule. Ipleadrs: 18–29.
Heywood, Andrew. 2007. Politics. Palgrave Macmillan Publishers: London.
Hussain, Danish. 1/2012. Dynamics of Article 356 of the Constitution of India: A trepidation turns true. Uttrakhand Juridical & Legal Review: 108–121.
Kumar, Suryaprasad. 2012. Article 356 of the Constitution of India, Promise and Performance. Synergy Books: India.
Ncrwc. 2001. A Constitutional Paper on Article 356 of the Constitution. 11 May.
Seervai, Hormasji. 2008. Constitutional Law of India. Universal Law Publishing: Delhi.
Siwach, J.R. 3/1985. State Autonomy and Presidential rule. Journal of Indian Political Science association: 150–166.
The Hindu. 2019. Maharashtra Placed under President’s Rule. 12 November.
The Hindu. 2014. President rule in Delhi. 17 February.
Venkath, Ananth. 2/2016. How President’s rule in India has been imposed over the years. Live Mint: 5–17.
Wheare, Kenneth. 1945. Federal Government. Oxford University Press: London.
