Which of the following is the most controversial Article in the Indian Constitution, which provides for President’s rule in any state?
- (a)Article 356
- (b)Article 358
- (c)Article 352
- (d)Article 360
Answer
Why
Correct — A. Article 356 is the President's Rule provision.
On a report from the Governor or otherwise, if the President is satisfied that the government of a State cannot be carried on in accordance with the Constitution, the Union may assume the State's executive power and Parliament may exercise its legislative power.
The stem's word controversial points the same way: it is Article 356 whose repeated use to dismiss State governments produced the litigation.
Why the others are wrong
- (b)Article 358 — Article 358 suspends the operation of Article 19 while a national emergency declared on grounds of war or external aggression is in force. It limits rights; it does not take over a State.
- (c)Article 352 — Article 352 is the National Emergency provision — war, external aggression or armed rebellion. It concerns the whole country, not one State's machinery.
- (d)Article 360 — Article 360 provides for a Financial Emergency, where the President is satisfied that India's financial stability or credit is threatened. It has never been invoked.
Concept
Article 356 is headed "Provisions in case of failure of constitutional machinery in States".
A proclamation under it must be laid before both Houses and approved within two months, after which it runs six months at a time, to a normal maximum of three years.
Read it with Article 365: if a State fails to comply with a direction of the Union, the President may hold that the constitutional machinery has failed, which is often the route by which a 356 proclamation is reached.
S. R. Bommai v. Union of India (1994) is the case that changed the practice. The Supreme Court held that a proclamation is open to judicial review, that the floor of the House is the test of a government's majority, and that the Assembly should not be dissolved before Parliament approves.
Key facts
- Article 356 provides for President's Rule on the failure of constitutional machinery in a State.
- A proclamation under Article 356 must be approved by both Houses of Parliament within two months.
- Article 365 lets the President hold that constitutional machinery has failed when a State ignores a direction of the Union.
- In S. R. Bommai v. Union of India (1994) the Supreme Court held that a proclamation under Article 356 is subject to judicial review.
Study next
Common traps
- Mixing up Article 356, which is the State provision, with Article 352, which is national.
- Reading Article 360 as President's Rule because both are called emergencies.
The emergency articles are asked from more than one direction. At 19 Sep 2024, 16:00, General Awareness Q.24 the question is which Articles cannot be suspended even during an emergency declared on grounds of war or external aggression, keyed to Articles 20 and 21.
Learn 352, 356, 358, 359 and 360 together rather than one at a time.
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