Analysis of Article 356 of the Constitution of India - A Dead Letter of Law or Misused?
- Jahnavi Taneja
- July 5, 2020
Content :
Article 356 has been one of the most contentious provisions whenever a debate on Emergency provisions under the Indian Constitution is initiated. It is an argument provoking provision of the Constitution because its misuse and abuse directly acts in consonance with the murder of the democratic fabric of the Indian polity.
The paper has been arranged in such a manner to assist the reader to read and retain the information not just at the surface level, but to inculcate a deeper conceptual knowledge of Article 356 of the Indian Constitution, which is one of the cardinal legal provisions under the Constitution related to not only the subject of ‘Emergency’ but also Union and State relations in the federal structure of the Indian polity. The paper briefly focuses on the concept of emergency provisions as they exist in the Indian political and legal system, and majorly focuses on the constitutional dynamics surrounding Article 356 – which is infamously known as the “President’s Rule” or “State Emergency”.The said constitutional dynamic includes the conceptual analysis of Article 356 along with the literal construction or interpretation; whereas rhetorically questioning the status of Article 356 in the current scenario – namely, does Article 356 of the Constitution of India still act as a dead letter of law (as it was intended to be sparingly used) or is it a misused provision abused to settle political scores or quench superiority thirsts in politics. The author attempts to prepare a doctrinal research paper purely for the use of academic purposes. The aim of this paper is to curate and contribute a conceptual analysis of Article 356 via analyzing the two main contributors to the formation of the legal perspectives and interpretations existing on Article 356 of the constitution of India i.e. (i) the recommendations under the Chapter VI of the Report of Sarkaria Commission (1988) and (ii) the landmark case of S.R. Bommai v. Union of India (1994). In order to curate this paper, the author has not subscribed to any political approach but has only resorted and subscribed to rational approach on the basis of legal interpretation – which in author’s opinion has helped her render a paper that is free from any biases and consists only of reasonable arguments, facts and logical conclusions.
