Never miss a story

Get subscribed to our newsletter


×
Image source: www.wedio.in

Uttarakhand: With reports of Uttarakhand assembly Speaker Govind Kunjwal disqualifying nine rebel Congress MLAs emerged on Saturday night, President Pranab Mukherjee dismissed the Congress government headed by Harish Rawat and placed the assembly under suspended animation on the recommendation of the Union Cabinet.

The imposition of President’s rule in the state has brought the focus back on Article 356 of the Constitution – used and misused for decades by successive governments irrespective of their political ideology.


According to Article 356, President’s rule can be imposed in a state if a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.

Breakdown of constitutional machinery

The expression “breakdown of constitutional machinery” has not been defined in the Constitution. It can happen due to political reasons such as hung assembly, the government losing majority in the assembly, failure of any political grouping to form a government, defections and break-up of coalition or because of insurgency etc. Whatever may be the reason, the President has to be satisfied about of breakdown of constitutional machinery in the state.

Governor’s report or otherwise

Generally, the governor sends a report in this regard to the Centre and it’s his/her report that forms the basis for the Union Cabinet’s recommendation to the President for invoking Article 356 to impose President’s rule.

However, the provision also says that the President can take such a decision even “otherwise” (i.e. even in the absence of governor’s report). But in any case, the President has to be satisfied that the constitutional machinery has broken down in the state.

Governor’s discretion

While sending a report to the Centre, the governor is not supposed to go by the advice of the state cabinet and is exercises his or her own discretion. On the contrary, the President has to go by the advice of the Union Cabinet. But he can seek clarifications from the council of ministers.

Implications of President’s rule

Once President’s rule is imposed, the assembly ceases to function and the state comes under the Central government’s direct control. The assembly is generally kept in suspended animation. The powers of the state assembly become exercisable by or under the authority of Parliament. The executive power shifts from the council of ministers to the governor.

Once imposed, President’s rule must be approved by Parliament within a period of two months. It can’t last for more than six months unless its extension is approved by Parliament.

SR Bommai case

In the SR Bommai case, the Supreme Court ruled in 1994 that courts can’t question the Union Cabinet’s advice to the President but they can question the material behind the satisfaction of the President regarding breakdown of constitutional machinery. It also said that the use of Article 356 was justified only when there was a breakdown of constitutional machinery and not that of administrative machinery.

Bihar assembly dissolution case

The Supreme Court in January 2006 declared the dissolution of the Bihar assembly as null and void in the Buta Singh case. It held that the governor’s report could not be taken at face value and must be verified by the council of ministers before being used as the basis for imposing President’s rule. The “drastic and extreme action under Article 356” cannot be justified on whims and fancies of the governor and the council of ministers should not accept it as “gospel truth”.

Credits: HT


Popular

VOA

This image released by Disney Theatrical Productions shows, from second left, Michael James Scott as Genie, Michael Maliakel as Aladdin, and Shoba Narayan as Jasmine after a performance of the Broadway musical "Aladdin" in New York on Sept. 28, 2021

As kids growing up in different states, Shoba Narayan and Michael Maliakel shared a love of one favorite film — "Aladdin." Both are of Indian descent, and in the animated movie, they saw people who looked like them.

That shared love has gone full-circle this month as Narayan and Maliakel lead the Broadway company of the musical "Aladdin" out of the pandemic, playing Princess Jasmine and the hero from the title, respectively.

Keep Reading Show less
VOA

Bottles of Jack Daniel's whiskeys are displayed at Rossi's Deli in San Francisco

Jack Daniel's is the world's most popular whiskey brand, but until recently, few people knew the liquor was created by Nathan "Nearest" Green, an enslaved Black man who mentored Daniel.

"We've always known," says Debbie Staples, a great-great-granddaughter of Green's who heard the story from her grandmother. … "He made the whiskey, and he taught Jack Daniel. And people didn't believe it … it's hurtful. I don't know if it was because he was a Black man."

Keep Reading Show less
Photo by Aksh yadav on Unsplash

Cricket fans can now book the ultimate experience with the official accommodation booking partner for the ICC Men's T20 World Cup

Cricket fans can now book the ultimate experience with the official accommodation booking partner for the ICC Men's T20 World Cup, Booking.com. The T20 Pavillion, a bespoke cricket-themed luxury stay that transforms the Presidential Suite at Grand Hyatt Mumbai Hotel and Residences into a classic cricket stadium.


The suite offers guests an all-inclusive once-in-a-lifetime experience during the India vs Pakistan ICC Men's T20 World Cup match on October 24, 2021, packed with quirks and luxuries that is sure to satisfy even the biggest cricket enthusiast. Additionally, as a part of the experience, guests will also have the exclusive opportunity to meet Bollywood actor Shraddha Kapoor at The T20 Pavilion.

Keep reading... Show less