STATE EMERGENCY AND ABUSE OF POWER BY GOVERNOR- S. R. BOMMAI vs. UNION OF INDIA AND LATER DEVELOPMENTS
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Abstract
The Constitution of India was adopted by the Constituent Assembly on 26 December, 1949. Apart from legal rights and duties stated for the people of India, it also laid down the structure, procedures, powers and duties of the government. However, few provisions inscribed in the constitution were questioned on the basis of validity and enforceability. One such provision was Article 356 in Part 18.
Article 356 deals with imposition of President's Rule over a State of India. When a state is under President's Rule, the elected state government led by the Chief Minister and the Council of Ministers is dismissed and administration is conducted directly by the Governor of the state. The Governor has the power to impose president rule in his administrative state, thus, effectively, a functionary of the Union Government.
Thus, imposition of President's Rule negates the federal character of the Indian political system, where administration usually is shared between the Union and State governments. It also goes against the democratic doctrine of popular sovereignty, since an elected government is suspended. These reasons have made the use of Article 356 controversial. Nevertheless, it was used repeatedly by central governments to suspend state governments based on genuine reasons or trumped-up excuses.
Dr. B. R. Ambedkar, chairman of the Drafting Committee of the Constitution of India, referred to Article 356 as a dead letter of the Constitution. Dr. Ambedkar stated, "I share the sentiments that such articles will never be called into operation and they would remain a dead letter. If at all they are brought into operation, I hope the President, who is endowed with these powers, will take proper precautions before actually suspending the administration of the provinces."
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