Emergency State Emergency

Summary

This video discusses the provisions of Article 355 and 356 of the Indian Constitution, detailing the central government's responsibilities in protecting states against external aggression and internal disturbances. It emphasizes the conditions under which a state government can be suspended, the extraordinary powers of the President, and the controversial history of invoking these articles. The script highlights the challenges faced in implementing these provisions, the need for a last resort approach, and the impact on federalism in India, particularly in light of political dynamics and party majorities.

Takeaways

• 😀 Article 355 mandates the central government to protect states against external aggression and internal disturbances.
• 😀 The central government is responsible for ensuring state governance complies with constitutional provisions.
• 😀 Article 355 can be invoked even without external aggression or internal disturbances if state governance fails.
• 😀 A proclamation of state emergency under Article 355 must be approved by both houses of Parliament within two months.
• 😀 If the Lok Sabha is dissolved when a proclamation is issued, it remains valid until the next sitting of the Lok Sabha, pending Rajya Sabha approval.
• 😀 Article 356 allows the imposition of President's Rule in a state during constitutional machinery failure.
• 😀 The use of Article 356 has been controversial in India, often associated with political crises.
• 😀 Historical instances, such as the first invocation of Article 356 in Kerala in 1959, highlight its contentious nature.
• 😀 The Sarkaria Commission recommended using Article 356 sparingly and only as a last resort.
• 😀 Political dynamics, including majority support in Parliament, complicate the invocation of Articles 355 and 356.

Q & A

What is the primary purpose of Article 355 in the Indian Constitution?

Article 355 mandates the central government to protect states against external aggression and internal disturbances, ensuring that state governance is conducted according to constitutional provisions.

Under what circumstances can Article 356 be invoked?

Article 356 can be invoked when the President believes that the government of a state cannot be carried on in accordance with the Constitution. This may occur due to a breakdown of constitutional machinery in the state.

What is the approval process for a proclamation issued under Article 356?

A proclamation imposing President's Rule under Article 356 must be approved by both houses of Parliament within two months from the date of its issue. If the Lok Sabha is dissolved, the proclamation remains effective until reconsidered.

Why has the use of Article 356 been controversial in India?

The use of Article 356 has been controversial due to concerns over its potential misuse for political purposes, leading to instability in state governments and undermining federalism.

What recommendations did the Sarkaria Commission make regarding the use of Article 356?

The Sarkaria Commission recommended that Article 356 should be invoked sparingly and only in extreme cases, as a measure of last resort when all alternative options have failed.

Can the central government exercise powers of the state government under Article 356?

Yes, when President's Rule is imposed, the central government can take over the functions of the state government and exercise powers vested in the state legislature.

What historical instance highlighted the use of Article 356?

The first invocation of Article 356 occurred in 1959 against the Kerala ministry, marking a significant moment in the history of constitutional governance in India.

How do coalition politics impact the invocation of Articles 355 and 356?

Coalition politics can lead to instability, making it more likely for the central government to invoke Articles 355 and 356 when no single party has a clear majority in the state assembly.

What is the main concern regarding the misuse of powers by the central government under these emergency provisions?

The main concern is that misuse of powers could damage the fabric of federalism, undermining the autonomy of state governments and democratic governance.

What historical data suggests about the invocation of Article 356 after state elections?

Historical data indicates that Article 356 has often been invoked after elections when no party has a clear majority, reflecting the complexities and challenges of maintaining stable governments in such situations.