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THE ARTICLE 356 CONTROVERSY

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current affairs, Polity 1 November 2016

Article 356 deals with the imposition of Presidents rule in a state. It gives the President the
PRELIMS HINDI MEDIUM TEST
power to assume both the executive and legislative powers of a state. It has been inspired from SERIES
the Government of India Act of 1935, when it was known as controlled democracy.
The grounds for imposition of Article 356 as mentioned in the constitution:

On receipt of a report from the governor of the state or otherwise that the government of
the state cannot be carried on in accordance with the provisions of the constitution
The President is satisfied with such a report or he otherwise feels that such a situation has
arisen
In case of the complete breakdown of the constitutional machinery of the state

The matter of concern:

When invoked with validity, the article is indeed an appropriate one. But unfortunately, it has
been used several times, about 115 times at least till now. There are several reasons for using
it so often. Some of them are:

When the party in power at the centre is not the same as that in a state, there is a
tendency of the centre to control the working of the state governments
Under article 355, it is the duty of the centre to protect the states against internal
disturbances, a term which has been misinterpreted time and again
The governor of a state is appointed by the President on advice of the cabinet. This at
times, makes the governor an agent of the central government and he acts in the interest
of the party in power at the centre CURRENT AFFAIR TEST SERIES
The governors also at times send reports that are biased, motivated and distorted in an
attempt to impose the Presidents rule.
There is no security of tenure of the governor, he can be removed from office or
transferred at any place and any time according to the will of the President.

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So the question is that should article 356 be repealed totally?
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Well, the acts are made in good faith but time and again they are misused. So, the misuse xaam.in 2016 xaam
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needs to be controlled rather than repealing the acts.
Current Affair
Article 356 is not immune from judicial review.
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In the SR Bommai case 1989, the Supreme Court had held that Article 356 is subjected to
NCERT
judicial review. In case the court finds that the exercise of the power has been mala fide, it can
strike down the proclamation and restore the dismissed government.
Video
IndiaTutorial and Tricks
is a federal countryFor
andGeneral
the states have equal rights in running the governments. The state
Studies
governments are chosen by the people and democracy has to be respected.
It is the duty of the governor to work impartially and in the best interests of the state. He should
Previous
help theYear Papers
state governments in governing fairly and smoothly. And it is his responsibility to stay START YOUR PREP
away from politics.
Therefore, except under really exceptional circumstances, when the conditions are actually
satisfied, article 356 should not be used. But as far as the spirit of the law is concerned, it is a
laudable one.

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