State emergency Under Article 356

State emergency Under Article 356

 The constitution of India provides three types of emergency.

 1) National emergency (Article352)

-  Due to war, External aggression, or armed rebellion

    

2) Stateemergency (Article 356)

            - Failure of constitutional machinery of the state.

    

3) Financial emergency (Article 360)

            - Financial stability is threatened in India or any part of Indian territory.

 State emergency / Failure of constitutional machinery in state -President Rule - (Article 356)

             A) The president on the report of the Governor of state, if he satisfied then proclamation of emergency under Article 356 is carried on.

             B) Here Governor gives report on the recommendation of state cabinet.

            C) President’s rule is imposed more than hundred times after the adoption of constitution.

                              

  

Effects of Proclamation of State emergency / President Rule –

 

             The power of state legislation are to be exercise by the president, who is authorized by Parliament. This is known as president rule.

Case law

  

S.R. BOMMAI VS UNION OF INDIA

     Supreme court held that dismissal of BJP government in M.P.  Rajastan  and Himachal Pradesh wake of the ayodhya incident was valid at imposition of the presidents rule was constitutional because ‘secularism’ is the basic feature of Indian constitution.

Court laid down following guideline –

 1) Proclamation of emergency under Article 356 is subject to judicial review. 

 2) If  State Government works against secularism    president rule can be  imposed.

3) No several dismissal of opposition ruled State Government.   

4) Imposition of president’s rule and dissolution of assembly cannot be done together                              

5) State assembly can be be dissolved after Parliament’s approval of central rule.

  

 PRESIDENT’S RULE IMPOSED ON—

           President’s Rule in U.P.1995-

                      BJP withdrew support to minority government of BSP headed by chief minister Miss Mayavati .

President rule in U.P. 1996 –

                  No party or group was in position to form of stable Government.

           U.P. FEB 1998 – 

                 

                                President’s rule quashed by Allahabad high court and chief minister reinstated . Governor Mr. Romesh Bhandari dismissed the kalyan singh government and invited loktantrik congress candidate Jagdambika Pal . President R.k.Narayanan asked him not to be in hurry.