ARTICLE 356 OF THE INDIAN CONSTITUTION: BOON OR A CURSE FOR THE FEDERAL SETUP?
Apstrakt
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.
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