Sunday, 23 January 2022

MISUSE OF ARTICLE 356- OISINI PODDAR AT LEXCLIQ

 MISUSE OF ARTICLE 356- OISINI PODDAR AT LEXCLIQ

Article 356 of the Indian Constitution is the State Emergency in preferred terms. In this newsletter, the applicants of the diverse examinations can apprehend the meaning, provisions, background, and controversies associated with Article 356.State Emergency or Article 356 of the Constitution of India presents the Indian President, the electricity to droop kingdom authorities and impose President`s rule on any kingdom withinside the country “if he`s happy that a state of affairs has arisen wherein the authorities of the kingdom can't be carried on according with the provisions of the Constitution”.
Many instances this newsletter has been misused through many Governors and it's been a unhappy records in many instances in Indian records. India borrowed this provision from Section ninety three of the Government of India Act, 1935. This provision confronted strict competition from the liberty battle leaders then and this compelled the British authorities to droop it. However, this provision was incorporated into the Constitution to renew the balance of democracy, federalism, and the post-fair era.


Article 356 Political Abuse
In a 2015 report, the Sarkaria Commission states that it has been used more than 100 times for this independence. In almost all cases it was used for political issues rather than real ones.
Former Prime Minister Indira Gandhi used Article 356 in 27 cases to eliminate the majority government because of political balance, lack of proper authority, and withdrawal of support.
Manipur experienced the greatest common software in Article 356 due to the kingdom's highly fragmented domestic politics, in addition to long-term violence.
The focus of the center was on the politically important states of Uttar Pradesh and Bihar, which have fragmented communities.

S.R. Bommai was Prime Minister of the Janata Dal Government of Karnataka from August 13, 1988 to April 21, 1989. His government was dismissed on April 21, 1989 under Article 356 of the Constitution, and the presidential rules were introduced. This was a common way to curb the opposition at the time. The dismissal was justified by the fact that the Bonmai government lost a majority after several party leaders at the time went into large-scale asylum. Then Governor P. Venkatasubbaiah refused to give Bommai the opportunity to test a majority in parliament, even though Bommai handed him a copy of the resolution passed by the Janata Dal Parliamentary Party.
Bonmai appeared in court against the governor's decision to recommend the president's rules. First, he went to the Karnataka High Court and rejected his written application.

Then he moved to the Supreme Court.
Supreme Court Decision: It took almost five years for the case to reach a logical conclusion, and on March 11, 1994, the Supreme Court's nine Constitutional Chambers issued a historic order. Arbitrary dismissal of the state established the government under Article 356 by imposing restrictions


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