What is the essence of the article 356?
What is the essence of the article 356?
(1) Article 356 of the Constitution confers a power upon the President to be exercised only where he is satisfied that a situation has arisen where the Government of a State cannot be carried on in accordance with the provisions of the Constitution.
What is Article 360 emergency India?
Article 360 of the Indian Constitution empowers the President to invoke financial emergency. Grounds of declaration – If the President is satisfied that a situation has arisen due to which the financial stability or credit of India or any part of its territory is threatened.
What is the difference between Article 352 and 356?
Under Article 352, the State Legislature and Executive continue to function but the Centre gets the concurrent powers of the legislation and administration in the matters of the State. Under Article 356, the executive, as well as legislative power, is vested in the Centre and the State Legislature is dissolved.
Is the proclamation of 356 justified in the present case?
The Supreme Court said that Article 356 is an extreme power and is to be used as a last resort in cases where it is manifest that there is an impasse and the constitutional machinery in a State has collapsed. The views expressed by the court in this case are similar to the concern showed by the Sarkaria Commission.
What does Article 360 say?
360. (1) If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect.
How many times state emergency declared in India?
In the history of independent India, such a state of emergency has been declared three times. The first instance was between 26 October 1962 to 10 January 1968 during the India-China war, when “the security of India” was declared as being “threatened by external aggression”.
What is 362 article?
By article 362 the Parliament, the State Legislatures and the executive of the Union and the States were enjoined to have due regard to the guarantees and assurances under the covenants and agreements between the Governments of the Dominion of India and the heads of the former Indian States.
What is the Article 366?
The Constitution of India, Article 366 (25) defines Scheduled Tribes as “such tribes or tribal communities or part of or groups within such tribes or tribal communities as are deemed under Article 342 to the scheduled Tribes (STs) for the purposes of this Constitution”.
Which among the following is true about duration of an emergency under Article 356 and 352?
The correct answer is option 2, i.e It talks about the emergency due to the failure of the constitutional machinery in the states. The Constitution stipulates three types of emergencies: An emergency due to war, external aggression or armed rebellion (Article 352). This is popularly known as ‘National Emergency’.
What is Berubari union case?
Judgement Given by the Court in the Berubari Union Case The Supreme Court held that the parliament does not have the power to give the territory of any state to another country under Article 3 of the Indian Constitution. Parliament can do so only after amending Article 368 of the Indian Constitution.
WHO declared first emergency in India?
After a quick question regarding a procedural matter, President Fakhruddin Ali Ahmed declared a state of internal emergency upon the prime minister’s advice on the night of 25 June 1975, just a few minutes before the clock struck midnight.
When was the first emergency declared in India?
When was Article 356 first used in India?
It was used for the first time in 1951 in Punjab. Between 1966 and 1977, Indira Gandhi’s government used it about 39 times against various states. In the S.R. Bommai case (1994), the Supreme Court of India put forth strict guidelines for the imposition of Article 356.
What is Article 356 of the Constitution?
Article 356 in the Constitution gives the Central Government the right to recommend President’s Rule if the “the situation has arisen in which the government of the state cannot be carried on”. But, it has almost always been used to sack a state government headed by the party in power in Central Government.
Which article of the Indian Constitution deals with constitutional breakdown?
Explanation: Article 356 of the Constitution deals with the topic of “constitutional breakdown” or the failure of constitutional machinery. As per the article, invoking comes under the prerogative of the executive and not the judiciary. The Andhra Pradesh High Court cannot enquire and recommend President’s rule in a State.
What did Ambedkar say about Article 356 of the Constitution?
In the constitutional assembly debates with reference to Article 278, now 356, Dr. Ambedkar stated: “I hope the first thing (the president ) will do would be to issue a mere warning to a province that has erred that things were not happening in the way in which they were intended to happen in the constitution.