Article 356 Of Indian Constitution

Article 356 of indian constitution 5 the sarkaria commission report on centre state relations 1983 has recommended that article 356 must be used very sparingly in extreme cases as a measure of last resort when all the other alternatives fail to prevent or rectify a breakdown of constitutional machinery in.

Article 356 of indian constitution. According to article 356 president s rule can be imposed on any state of india on the grounds of the failure of the constitutional machinery. Article 356 of constitution of india empowers president to issue a proclamation of present s rule or state emergency if he is satisfied that a situation has arisen in which government of a state cannot be carried on in accordance with provisions of constitution. When a state is under president s rule the elected state government led by the chief minister and the council of ministers is dismissed and council of ministers is suspended at legislature and administration is conducted directly by the governor of the state. Constitution of india under article 356 deals with constitutional breakdown within a state and imposition of emergency.

Article 356 of the constitution of india is based on section 93 of the government of india act 1935. Article 356 is inspired by sections 93 of the government of india act 1935 which provided that if a governor of a province was satisfied that a situation had arisen in which the government of the province cannot be carried on in accordance with the provisions of the said act he could assume to himself all or any of the powers of the government and discharge those functions in his discretion. This is of two types. Article 356 has always been the focal point of a wider debate of the federal structure of government in indian polity.