Article 356

Article 356

News: Recently, PM Modi in the Rajya Sabha recalled about misuse of Article 356 of the Constitution by previous Governments. In this context we will discuss more about the Article, its origin and how it was misused.

What are the origins of Article 356?
 Article 356 was inspired by Section 93 of the Government of India Act, 1935.

What does Article 356 say?
 Article 356 empowers the President to withdraw to the Union the executive and legislative powers of any state “if he is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution”.
 Whether the constitutional machinery has broken down may be determined by the President at any time, either upon receipt of a report from the Governor, or suo motu.
 According to the provisions of Article 356, President’s Rule in a state can be imposed for six months at a time for a maximum duration of three years. Every six months, Parliamentary approval to impose President’s Rule will be required again.

What are the impacts of Article 356?

On Executive
 State government is dismissed and executive powers of the State are exercised by the Centre.

On Legislature
 President can either dissolve or suspend the State legislative assembly.
 Law making for state is done by Parliament.
 President can promulgate Ordinances when Parliament is not in session for State governance.

Other impacts
 The Fundamental rights of citizen does not have any effect of Article 356.
 There is no effect of Article 356 on Financial Relation of the Centre and State.
 The Constitutional position, status, powers and function of concerned State High courts remain same even during President’s rule.

What is the S.R. Bommai Vs Union of India, 1994?
The Supreme Court set some guidelines about the provisions to be kept in mind regarding use of Article 356.
 Judicial review will involve 3 questions – Is there a material basis of proclamation? Whether the material is relevant? Is there a malafide use of power?
 If there is inappropriate use of Article 356, the courts can reverse the action taken by President.
 Centre should give adequate warning and time period of minimum 1 week to the concerned states.
 Until Parliament approves the proclamation, President shall not take any irreversible action.
 Majority enjoyed by the Council of Ministers in the State shall be decided on the Floor of the house.
 Use of Article 356 can be justified only in situations of physical breakdown of the Government or when there is a ‘hung assembly’ or if there is violent breakdown of Constitutional machinery.

What were issues with Article 356 highlighted by Sarkaria Commission?
 No clear definition of the expression “Breakdown of Constitutional Machinery”
 Opposition Parties were being denied a chance to form Alternate government.
 The misuse of Article 356 to dislodge state governments run by parties other than those belonging to ruling party at the Centre.
 Accusation that reports sent by Governor were actually prepared by the Union Government.

Recommendations of Sarkaria Commission:
 Use of Article 356 as a matter of last resort.
 State governments should be given warning and opportunity to correct its behavior.
 In the case of issue of breakdown of Public order, first, exhaust all the alternative means such as use of security forces, paramilitary forces.
 Impose Article 356 based on Governor’s report which must be kept in public domain.

Conclusion
 While giving explanation pertaining to Article 356 in the Constituent Assembly Dr. B.R. Ambedkar had said that the Article 356 would remain as ‘Dead Letter’ and would be used only as a measure of last resort.
 The reality however was starkly different. The Article is an extraordinary power and must be utilized in right spirit as envisaged by the Constituent Assembly.