Law optional 2021 Paper I

“राज्य में 'राष्ट्रपति शासन' लागू करने के औचित्य के संबंध में संविधान के अनुच्छेद 356 में प्रावधान हैं ।” किसी राज्य में आपातकाल की उद्घोषणा के परिणामों को स्पष्ट कीजिए । "Article 356 of the Constitution contains provisions relating to the justification of imposition of 'President's Rule' in the State." Explain the consequences of proclamation of Emergency in a State.

Verified Answer
  1. Core Legal Answer & Context: Article 356 of the Indian Constitution empowers the President to impose 'President's Rule' in a state if he is satisfied, based on a report from the Governor or otherwise, that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution. This is a drastic measure, often referred to as a 'constitutional emergency' or 'state emergency', intended to restore constitutional machinery, not to serve political ends. The justification lies in maintaining the federal structure and ensuring constitutional governance.

Consequences of Proclamation of Emergency (President's Rule):

  • Executive Powers: The President assumes to himself all or any of the functions of the State Government and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the State Legislature. The President can declare that the powers of the State Legislature shall be exercisable by or under the authority of Parliament.
  • Legislative Powers: The State Legislative Assembly is either suspended or dissolved. If dissolved, fresh elections must be held. During this period, Parliament can make laws for the state. Parliament may also confer on the President the power to make laws for the state, or to delegate such power to any other authority.
  • Financial Powers: Parliament can authorize the President to sanction expenditure from the Consolidated Fund of the State when the Lok Sabha is not in session, pending approval by Parliament.
  • Judicial Powers: The powers of the High Court in the state are not affected, maintaining the independence of the judiciary.
  • Fundamental Rights: Unlike national emergencies (Article 352), President's Rule under Article 356 does not automatically suspend Fundamental Rights. However, the executive actions taken during President's Rule must still conform to Fundamental Rights.
  • Duration: A proclamation of President's Rule must be approved by both Houses of Parliament within two months. Once approved, it remains in force for six months and can be extended for a maximum period of three years, with parliamentary approval every six months, subject to certain conditions (e.g., national emergency in force or Election Commission certifying difficulty in holding elections).
  1. Relevant Statutes and Sections:
  • Article 356: Provisions in case of failure of constitutional machinery in States.
  • Article 357: Exercise of legislative powers under proclamation issued under Article 356.
  • Article 358 & 359: While primarily related to national emergency, they highlight the distinction as Fundamental Rights are not automatically suspended under Article 356.
  1. 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 power under Article 356 is not absolute and is subject to judicial review. It laid down guidelines for its imposition, emphasizing that it should be used only as a last resort. The Court ruled that the satisfaction of the President must be based on relevant material, and the dissolution of the Assembly should only occur after parliamentary approval of the proclamation.
  1. Clear Conclusion: President's Rule, while a necessary constitutional safeguard to address the breakdown of constitutional machinery in a state, entails significant consequences, primarily the suspension of the state's democratic and federal structure. The judiciary, particularly through the S.R. Bommai judgment, has played a crucial role in ensuring that this extraordinary power is exercised judiciously and not for political expediency, thereby upholding the principles of federalism and democracy.