Article 356 of the Constitution of India : Promise and Performance

Contents: 1. Introduction. 2. The genesis of article 356 of the constitution of India: a retrospect. 3. Article 356: the operational orbit. 4. The steam roller in operation: a historical survey. 5. The steam roller in operation: the emerging model. 6. Article 356 and the Parliament. 7. Article 356 and the court. 8. Conclusion: the need for a fresh look. Appendix: 1. Text of Sections 45 and 93 of the Government of India Act of 1935. 2. Text of Articles 356 and 357 of the Constitution of India. 3. Articles 58 (2) b and 112 (2) b of the Constitution of Pakistan. 4. Text of Section 92 of the Constitution of Jammu and Kashmir. 5. Text of Presidential Proclamation Ministry of Home Affairs. 6. Details of President’s Rule Imposed when the Ministry Commanded Majority in the Legislature (1950-1999). 7. Detailed Classification of President’s Rule According to Reason (1950-1999). 8. Summary Table of President’s Rule in the States (1950-1999). 9. Details of President’s Rule under Article 356 in Each State and the Year of Imposition (1950-1999). Bibliography. Index.

"The author has attempted an empirical and analytical enquiry into the historical and constitutional backdrop of the incorporation of Article 356 in the constitution of India and how the presidential power has been exercised under the existing countervailing and conflicting power politics-syndrome and socio-economic scenario as represented by a plethora of political parties-national, subnational or regional. In doing so the scholar has tried to assertain the following: whether the inclusion of Article 356 in the Constitution was justified; the scope and ambit of the term ‘failure of the constitutional machinery in a state’; whether the reasons given for the imposition of Article 356 since 1950 were in conformity with constitutional provisions; whether the Parliament and the Judiciary can do anything to remedy the situation; and whether any other solution to the problem of the possible misuse of the article is available, including constitutional amendment barring scrapping of the article. To understand the full and the true import of the frequent exercise of this constitutional power, he has also analysed the political process of the country, the nature and ideology of the national and regional political leadership and the role of Governor and the President.

"Written in a lucid, yet scholarly style, the author has earnestly attempted to explore all matters related to the article. He has framed the specific objectives of the study which have been thoroughly analysed and substantially tabulated. The topic has been well classified and chapters are well designed. The author has shown awareness with the available literature on the topic. Skillful use has been made by the author of archival reports, statutes, debates and cases etc. in this work. This timely and relevant study is a rich contribution to the field of Constitutional Law of India and Political Science and has a special relevance in the context of the commission appointed by the Government of India to review the constitution." (jacket)