Name: Hassanraza M. Shaikh
Roll No.: 7
Semester: 1
Academic Year: 2022-23
Specialization Group: Constitutional Law & Legal Order
Subject: Indian Constitutional Law-The New Challenges-1
Subject Teacher: Sneha Marathe
Topic: Article 356 and 365
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Indian Constitutional Law: Understanding Article 356 and 365 and Their Implications, Slides of Consumer Law
An in-depth analysis of Articles 356 and 365 of the Indian Constitution. It explains the historical background, provisions, and implications of these articles, including landmark judgments and the interrelation between them. These articles deal with the President's power to assume control of a State's government when the constitutional machinery fails or when the Constitution is violated. The document also covers the reasons for imposing President's rule and the related procedures.
What you will learn
- What are the reasons for imposing President's rule under Article 365?
- What is the interrelation between Articles 356 and 365?
- What are the provisions of Article 356 and how can it be invoked?
- What are the landmark judgments related to Articles 356 and 365?
- What historical background led to the inclusion of Articles 356 and 365 in the Indian Constitution?
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Name: Hassanraza M. Shaikh Roll No.: 7 Semester: 1 Academic Year: 2022- Specialization Group: Constitutional Law & Legal Order Subject: Indian Constitutional Law-The New Challenges- Subject Teacher: Sneha Marathe Topic: Article 356 and 365
Article 356
- (^) Article 356 is inspired by sections 93 of the Government of
India Act, 1935, which provided that if a Governor of a
province was satisfied that a situation had arisen in which the
government of the province cannot be carried on in
accordance with the provisions of the said Act, he could
assume to himself all or any of the powers of the government
and discharge those functions in his discretion. The Governor,
however, could not encroach upon the powers of the high
court.
- (^) Any such Proclamation may be revoked or varied by a subsequent Proclamation.
- (^) Every Proclamation issued under this article except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament.
- (^) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of issue of the Proclamation: Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament.
Landmark Judgement of Article 356:
- (^) State of Rajasthan v. Union of India AIR 1977,A seven member constitution bench of the supreme court by an unanimous judgment rejected the petitioners petition and upheld the centre action of dissolving assemblies under Art. 356 as constitutionally valid. The court held that the satisfaction of the president cannot be question in any court. The court observed that if the satisfaction is mala fide or is based on wholly extraneous and irrelevant grounds the court would have jurisdiction to examine it because in that case there would be no satisfaction of the president.
President’s rule
- (^) Article 365 leads to the implementation of the President’s rule in the state that has violated it. When the President’s rule is imposed in a state, the state government is thereby suspended and direct governance of the centre is given effect. The President’s rule in a state can stay in place for 6 months, and it can be revoked at any time at the will of the President. However, this term of 6 months can be extended up to 3 years in phases, if certain criteria are met.
- (^) The President of India can proclaim a State Emergency and impose the President’s rule in the state for either of the following reasons: (a) Due to external aggression, (b) Due to internal mismanagement, or (c) Due to the violation of the Indian Constitution.
Imposition of the President’s Rule in a State:
- (^) The President of India imposes his rule over a state when he is satisfied that such an imposition is needed and gives due consideration to all relevant factors that lead to a violation of the Constitution by that state. The President imposes his rule in a state when he is satisfied with the circumstances that it is expedient to do so.
- (^) The President imposes his rule in the following manner:
- With the suggestion of the union council of ministers headed by the PM of India.
- President is unsatisfied.
- When State Govt. failed to elect the CM.
- If the ruling party loses the majority.
- Vote of no confidence.
- Natural disasters, epidemic, or war.
Inter-relation between Article 365 and Article 356Article:
- (^) 356 and Article 365 are interrelated in a manner that one cannot exist without the other.
- (^) When a state is guilty for not following the directions issued by the Central Govt.
- (^) Article 365 is prerequisite for invoking Article 356.
- (^) Article 356 on a State on either of the two grounds mentioned in Article 365.
- (^) Article 365 is infringed then the President imposes Article 356.
- (^) Article 365 is the procedure to be followed before making a declaration under Article 356.
Judgements:
- The Andhra Pradesh government case: [CM Jagan Mohan Reddy v. the judges (Andhra Pradesh High Court)] In 2020, the Andhra Pradesh High Court took suo moto cognizance to conduct an inquiry into the breakdown of constitutional machinery by the Andhra Pradesh government. The Governor was of the opinion that the government needed to be dismissed and the President’s rule should be implemented.
- President’s Rule was in force in Delhi with the Assembly in suspended animation from February 14, 2014, to February 11, 2015. This was after Arvind Kejriwal resigned as CM after his move to introduce the Jan Lokpal Bill fell through in the Assembly.