Friday June 22, 2018
Home India President&#82...

President’s rule imposed in Uttarakhand

0
//
94
Image source: www.wedio.in
Republish
Reprint

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

Click here for reuse options!
Copyright 2016 NewsGram

Next Story

Martin Greenfield, A Holocaust Survivor Now Dresses Celebs

While washing and scrubbing one of the Nazi’s uniforms, I ripped the collar of the shirt

0
Holocaust Survivor Becomes America’s Tailor
Holocaust Survivor Becomes America’s Tailor, VOA

But Greenfield did not arrive at his career in a usual way. He didn’t dream of growing up to sew clothes, or learn the business as an apprentice. Instead, Greenfield’s first encounter with a needle and thread happened when he was a prisoner at the Auschwitz concentration camp in 1944. He was 15 years old.

​“While washing and scrubbing one of the Nazi’s uniforms, I ripped the collar of the shirt. The guard became angry and beat me with his baton. A nice man working in the laundry taught me how to sew a simple stitch,” says Greenfield.

The kapo having no more use for the shirt, Greenfield kept the shirt for himself.

“I eventually took the shirt and wore it all through the concentration camp, until I got to another camp (Buchenwald) and they made me take it off.”

Martin Greenfield
Martin Greenfield, VOA

For Greenfield, the shirt had much value.

“The day I first wore the shirt was the day I learned clothes possess power. Clothes don’t just ‘make the man,’ they can save the man. The kapos treated me a little better. Even some of the prisoners did the same. Wearing the shirt, the kapos didn’t mess with me and they thought I was somebody.”

Greenfield’s parents and siblings were also at the concentration camp. The family was forced by the Nazis to leave their small hometown of Pavlovo, Czechoslovakia. Once at the camp, Greenfield never saw his family again. His father, mother, sisters, brother, and grandparents were killed. His life was spared.

“My father said no matter what job they give you, you do it and you will always survive. And I did survive,” he says.

After World War II, Greenfield immigrated to the United States.

Martin Greenfield holding the suit he stitched
Martin Greenfield holding the suit he stitched, VOA

He landed a job at GGG Clothing Company as a “floor boy” – someone who ran errands and did odd jobs. But he worked his way up, and in 1977 he bought the company and give it his name: Martin Greenfield Clothiers.

Greenfield is 89 years old now. His two sons, Jay and Tod, along with more than 100 other people, work at his company. But Greenfield still comes to the shop every day and walks the floor, managing workflow production and paying close attention to detail. When asked about his success, Greenfield gives credit to the talent and hard work of his employees. He also notes the importance of a satisfied customer.

Also read: Yazidi Woman who Survived Genocide Equates the Current Situation to Jewish Holocausts

“When I deliver a suit and they put it on and say, ‘My God, this is beautiful’, they know it is the quality we produce,” he says. “We satisfy our customers so they could come back again because we have the best suits ever!”  (VOA)