Constitutional Dynamics of Article 356 in India

Abstract

Extra-Ordinary powers have been the matter of great controversies in every society since the establishment of an organized political system. Few see them as the necessary evil and justify preserving the peace and order in the society whereas others criticize them on ground of being a noose to straighten the neck of basic freedoms and idea of democracy. We have a crisis laden country from external as well as internal forces. Article 356 has been incorporated under the Indian constitution to enable the central government to combat from internal crisis occasioned on account of, constitutional deadlock due to lack of majority by any party in state elections, militancy, communal and class conflicts, politico-religious turmoils, strikes, bandhs or other incidents of like nature where state government can’t be carried on in accordance with the provisions of the constitution. The emergence of emergency powers was subject to a lot of debate and discussion in the constituent assembly with regard to its possibility of endangering the federal polity. Finally these provisions were incorporated in the constitution believing that these would be the dead letters but to the utter dismay they became the death letters of the constitution. Intending to have remained as the least used provisions these finally turned out to be the most misused provisions of the constitution. Though this Article was incorporated in all good faith for the national integrity, it seemed to have paved way for settling personal scores with the states being ruled by other parties. In one way or the other the parties in control by manipulating these constitutional provisions have more or less succeeded in quenching their political animosities. So the contemplation of B R Ambedkar towards the rarest application of these provisions has actually gained force in the exactly opposite direction. The scope of this article is to objectively examine the provision in the constitution in relation to imposition of president’s rule. With the best possible efforts I have tried to cover the important areas under the present paper. However special attention has been provided towards the recommendations made by the Sarkaria Commission and the landmark judgment delivered in S R Bommai Vs Union of India.