Imposition of Emergency in a State under Article 356 has always been a matter of controversy." In this backdrop, explain the consequences of proclamation of Emergency in a State.
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Core Legal Answer & Context: Article 356 of the Indian Constitution, commonly known as 'President's Rule,' empowers the President to proclaim an emergency in a State if he is satisfied, based on a report from the Governor or otherwise, that a situation has arisen where the government of the State cannot be carried on in accordance with the provisions of the Constitution. This power has been highly controversial due to its frequent and sometimes arbitrary use by the Union government, often perceived as a tool to dismiss State governments led by opposition parties. The consequences of such a proclamation are profound, leading to a temporary suspension of the State's democratic and federal structure and a significant centralization of power.
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Relevant Statutes and Sections:
- Article 356 of the Constitution of India: Provides for the imposition of President's Rule in a State due to the failure of constitutional machinery.
- Article 357 of the Constitution of India: Deals with the exercise of legislative powers under a proclamation issued under Article 356. It states that the powers of the State Legislature shall be exercisable by or under the authority of Parliament.
- Article 355 of the Constitution of India: Imposes a duty on the Union to protect every State against external aggression and internal disturbance and to ensure that the government of every State is carried on in accordance with the provisions of the Constitution.
- Important Landmark Cases:
- S.R. Bommai v. Union of India (1994): This landmark judgment significantly curtailed the arbitrary use of Article 356. The Supreme Court held that the proclamation of President's Rule is subject to judicial review and that the President's satisfaction must be based on relevant and objective material. It also ruled that the dissolution of the State Legislative Assembly should only occur after parliamentary approval of the proclamation, allowing the Assembly to be revived if Parliament disapproves.
- Clear Conclusion: The proclamation of Emergency under Article 356 leads to the suspension of the State's constitutional machinery. The key consequences include: the President assuming all or any of the functions of the State Government and the powers vested in or exercisable by the Governor; the powers of the State Legislature becoming exercisable by or under the authority of Parliament; and the President making incidental and consequential provisions necessary for giving effect to the proclamation, including suspending any constitutional provision relating to any body or authority in the State. This effectively means the State executive and legislature are either suspended or dissolved, and the Union government takes over the administration and legislative functions of the State. While intended as a safeguard for constitutional governance, its controversial history led to judicial interventions, particularly the S.R. Bommai case, to ensure its application respects federalism and democratic principles.