ARTICLE 356: EMERGENCY OR TYRANNY?

Abstract

Article 356 ‘The Proclamation of Emergency’ empower the president of India to impose state emergency if the state is not functioning in the way it should be as was incorporated in the Constitution of India keeping in mind the fact that there may be situation arriving where the state government may not function in the manner it is designed ascertained and reported by the governor of the concerned state or if the President concludes that ‘Constitutional machinery of the state has failed’. The president then can dismiss the State Legislature and Executive. Any provision which abrogates the basic principle on which the entire constitution depends that is the democratic freedom would create a doubt in the mind of people as to the government which is chosen by them is duly suspended. Having fought for the independence so long people of the country would have greatest interest in preserving all the freedom envisioned in a democratic society. Power contained in Article 356 are arbitrary and extraordinary, also a close scrutiny of the history of its application reveals that the article has no exception. At the time of incorporation clear guidelines were laid for the usage of the Article in the direst consequences but now a day’s Article 356 is seen as a weapon by the central government to show its domination upon a state government that does not comply with the views of the central government. It has been seen since mid-1990’s the proclamation of article 356 is been restricted as compared to the period prior to it. There may be a number of causes to explain the decrease in number. Although the number shows a positive effect of the guidelines given in S R Bommai v. Union of India but the misuse of the same is far from over. In the recent times there have been cases of Article 356 which were arbitrary and unconstitutional. Article 356 was designed to preserve the integrity, but is it being used at the cost of interest of democratic freedom.