Constitution Project
. 2 Emergency Provisions-
State Emergency
Machinery in a State
It is the duty of the Union Government to ensure that governance of a State
is carried on in accordance with the provisions of the Constitution.
Under Article 356, the President may issue a proclamation to impose
emergency in a state if he is satisfied on receipt of a report from the
Governor of the State, or otherwise, that a situation has arisen under which
the Government of the State cannot be carried on smoothly. In such a
situation, proclamation of emergency by the President is called
proclamation on account of the failure (or breakdown) of constitutional
machinery. In popular language it is called the Presidents Rule.
Procedure
Like National Emergency, such a proclamation must also be placed before
both the Houses of Parliament for approval. In this case approval must be
given within two months, otherwise the proclamation ceases to operate. If
approved by the Parliament, the proclamation remains valid for six months
at a time. It can be extended for another six months but not beyond one
year. However, emergency in a State can be extended beyond one year if
(a) a National Emergency is already in operation; or if
(b) the Election Commission certifies that the election to the State Assembly
cannot be held.
This type of emergency has been imposed in most of the States at one time
or the other for a number of times. It was in 1951 that this type of
emergency was imposed for the first time in the Punjab State. In 1957, the
Kerala State was put under the Presidents Rule.
There have been many cases of misuse of constitutional breakdown. For
example, in 1977 when Janata Party came into power at the Centre, the
Congress Party was almost wiped out in North Indian States. On this
excuse, Desai Government at the Centre dismissed nine State governments
where Congress was still in power. This action of Morarji Desais Janata
Government was strongly criticized by the Congress and others. But, when
in 1980 (after Janata Government had lost power) Congress came back to
power at the Centre under Mrs. Gandhis leadership and dismissed all the
then Janata Party State Governments.
In both cases there was no failure of Constitutional machinery, but actions
were taken only on political grounds.
In 1986, emergency was imposed in Jammu and Kashmir due to terrorism
and insurgency.
In all, there are more than hundred times that emergency has been imposed
in various States for one reason or the other. However, after 1995 the use of
this provision has rarely been made.
Effects of Imposition of Presidents Rule in a State
The declaration of emergency due to the breakdown of Constitutional
machinery in a
State has the following effects:
(i) The President can assume to himself all or any of the functions of the
State Government or he may vest all or any of those functions with the
Governor or any other executive authority.
(ii) The President may dissolve the State Legislative Assembly or put it
under suspension.He may authorize the Parliament to make laws on behalf
of the State Legislature.
(iii) The President can make any other incidental or consequential provision
necessary to give effect to the object of proclamation.
The way Presidents Rule was imposed on various occasions has raised
many questions.
At times the situation really demanded it. But at other times, Presidents
Rule was imposed purely on political grounds to topple the ministry formed
by a party different from the one at the Centre, even if that particular party
enjoyed majority in the Legislative Assembly.
Suspending or dissolving assemblies and not giving a chance to the other
political parties to form governments in states has been due to partisan
consideration of the Union Government, for which Article 356 has been
clearly misused.
In view of the above facts, Article 356 has become very controversial. In
spite of the safeguards provided by the 44th Amendment Act, this provision
has been alleged to be misused by the Union Government. That is why,
there is a demand either for its deletion or making provision in the
Constitution to restrict the misuse of this Article. It further suggested that all
possibilities of forming an alternative government should be fully explored
before the Centre imposes emergency in a State on grounds of breakdown
of Constitutional machinery.
The Supreme Court held in the Bommai case that the Assembly may not be
dissolved till the Proclamation is approved by the Parliament.
On a few occasions such as when Gujral Government recommended use of
Article 356 in Uttar Pradesh, the President returned the recommendation for
reconsideration.
The Union Government took the hint and dropped the proposal.
