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International Journal of
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VOL. 8, ISSUE 5 (2022)
Article 356 of the constitution of India: An analysis in the present scenario
Authors
Dr. Rakesh Kumar
Abstract
Article 356 is of Indian Constitution is the most Controversial Provision as far as the relationship among states and Centre or federalism is considered but it is also a Unique, Extraordinary provision which almost every time of its implementation follows a novel and extraordinary course of action. The power conferred to Union by this article is both amazing and abstract. It may rightly be called twofold edged sword making it very prone to questionable and undemocratic. Many times strong voices have been heard in India to completely cancel it or to downgrade its power and authority. The main reason behind such questions is being various words, whose meaning is unclear, are given in this article such as 'or something different' in Article 356 (1). Few terms are also of the same nature such as 'dissatisfaction of the Constitutional equipment' in the State' is a 'questionable explanation'. These terms and words are being used by Central government to manhandle this article at its whims and desires as shown in Chapter 3 in details how this article has been misused in last six decades. Generally, The Governor also works hands in arm with Central government with respect to use of Article 356. Article 356 talks about the Provisions in case of failure of constitutional machinery in states.1The state's governor issues the proclamation, after obtaining the consent of the President of India. If it is not possible to revoke Governor's rule within six months of imposition, the President's Rule under Article 356 of the Indian Constitution is imposed. The president rule is imposed in any state in case of failure of constitutional machinery, when on the recommendation of the Governor or by any source if president is of the opinion that there is breakdown of constitutional machinery or such situation has arisen that the government of the state cannot be carried in accordance with the provision of constitution for the better functioning of that state. But sometimes this power is misused that can be due to defection of ruling party lawmakers. According to Sakaria commission reports tis power has been used over 100 times since Independence, the reason can be of spreading their party’s power in the state whereas Judicial Review refers to the power of Judiciary to interpret the constitution to declare any such law or order of the legislature and executive void, if it finds them in conflict the Constitution of India. The researcher have chosen this topic so that they could find out about the uses and misuse of this article in contemporary time.
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Pages:128-135
How to cite this article:
Dr. Rakesh Kumar "Article 356 of the constitution of India: An analysis in the present scenario". International Journal of Law, Vol 8, Issue 5, 2022, Pages 128-135
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