Discuss the emergency under Article 356 of the Constitution of India

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Discuss the emergency under Article 356 of the Constitution of India

Article 356 of the Constitution of India provides for the imposition of the President’s rule in a state, also known as an “emergency” or “financial emergency”, under certain circumstances. This article empowers the President of India to assume control of the administration of a state if it is satisfied that the government of the state cannot be carried on in accordance with the provisions of the Constitution.

The President’s rule can be imposed in a state in two ways: first, when the President is satisfied that a constitutional breakdown has occurred in the state, and second when the President is satisfied that the financial stability or credit of the state or of any part of its territory is threatened.

When the President is satisfied that a constitutional breakdown has occurred in the state, he can impose the President’s rule under Article 356(1) of the Constitution. This can be done if the President is satisfied that the government of the state cannot be carried on in accordance with the provisions of the Constitution. This provision has been invoked in several instances in the past, such as when a state government has lost its majority in the legislative assembly, or when there has been a breakdown of law and order in the state.

When the President is satisfied that the financial stability or credit of the state or of any part of its territory is threatened, he can impose the President’s rule under Article 356(2) of the Constitution. This can be done if the President is satisfied that the financial stability or credit of the state or of any part of its territory is threatened by the actions of the state government.

Once the President’s rule is imposed, the President appoints an Administrator (Governor) to carry on the administration of the state in his name. The Administrator has the power to make laws and to exercise all the powers and functions of the state government. The Administrator is required to act in accordance with the instructions of the President.

The President’s rule can be imposed for a maximum period of six months, after which it has to be approved by both houses of parliament. The parliament can approve the President’s rule for a maximum period of six months at a time, and the total period of the President’s rule in a state cannot exceed three years.

The imposition of the President’s rule has been a contentious issue in India, as it has been criticized for being used as a political tool to dismiss democratically elected state governments and for undermining the federal structure of the Constitution. Critics argue that the President’s rule is often imposed on flimsy grounds and that it is used to interfere in the functioning of the state government.

In summary, Article 356 of the Indian Constitution provides for the imposition of the President’s rule in a state, also known as an “emergency” or “financial emergency”, under certain circumstances. The President’s rule can be imposed in a state in two ways: first, when the President is satisfied that a constitutional breakdown has occurred in the state, and second when the President is satisfied that the financial stability or credit of the state or of any part of its territory is threatened. Once the President’s rule is imposed, the President appoints an Administrator (Governor) to carry on the administration of the state in his name. The imposition of the President’s rule has been a contentious issue in India, as it has been criticized for being used as a political tool to dismiss democratically elected state governments and for undermining the federal structure of the Constitution.

BPSE -212/EPS-12: Government and Politics in India Solved Assignment


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