Presidential Rule in India: A Study in Crisis Politics

Dua, Bhagwan D.

doi:10.2307/2643898

Cited by 14 publications

(7 citation statements)

References 3 publications

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“…Remarkably, the partisan use of Article 356 in the States having a non-Congress government also began during this period. In the year 1959, the dismissal of the Communist government in Kerala despite holding a majority support in the Assembly had set an unhealthy precedent letting the Union government arbitrarily invoke Article 356 in such States ruled by an opposition party (Dua, 1979).…”

Section: The Invocation Of Article 356 In the Pre-coalition Phase (19...mentioning

confidence: 99%

“…Though partisan use of Article 356 began with Nehru's regime, however, its widespread misuse occurred particularly during the second phase of pre-coalition politics, that is, 1967-1989. Dua (1979 argued '…that Mrs Gandhi used the instrument not only for partisan reasons but also for personal reasons for liquidating dissent against her autocratic rule'.…”

Section: The Invocation Of Article 356 In the Pre-coalition Phase (19...mentioning

confidence: 99%

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An Analysis of Article 356 in Coalition Era of Indian Politics

Khuntia,

Narasaiah

2024

Indian Journal of Public Administration

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Article 356 of the Indian Constitution has often been subjected to the partisan use by the successive Central governments since 1950. However, the shift from a single-party majority government to a multi-party coalition governments in national politics since early 1990s has largely influenced the scope and intent of invoking this Article. The coalition government’s survival with the backing of regional parties has indeed been a major factor in diminishing the incentives for the arbitrary and frequent invocation of Article 356. In this backdrop, the present article explains how the political change brought about by the coalition governments since 1990s has created the conditions for restraining Central transgressions on state governance, and also discusses the prospects of rationally employing this Article in the changing political conditions of the country. The argument of this paper is that—although the rise of the Bharatiya Janata Party to national political dominance since the 2014 general elections has raised apprehension about the move towards centralised federalism, it is not likely to upset the current pattern of restrained use of this Article.

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Section: The Invocation Of Article 356 In the Pre-coalition Phase (19...mentioning

confidence: 99%

Section: The Invocation Of Article 356 In the Pre-coalition Phase (19...mentioning

confidence: 99%

An Analysis of Article 356 in Coalition Era of Indian Politics

Khuntia,

Narasaiah

2024

Indian Journal of Public Administration

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“…It was further held that the Proclamation under clause (1) of Article356 is not immune to judicial review and the higher courts can strike down the Proclamation if it is found to be based on wholly irrelevant grounds or mala fide. The deletion of clause (5) [which was introduced by 38 th (Amendment) Act, 1975] by the 44th (Amendment) Act, in 1978, clears the doubts on the reviewability of the decision of the President. When called upon, the Union of India has to produce the material on the basis of which the decision was taken.…”

Section: Judicial Thoughtmentioning

confidence: 99%

Article 365 of the Indian Constitution: Boon or a Curse for the Federal Setup?

Bitoliya

2022

Eudaimonia

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The Constitution of India follows a federal setup. There are clearly elaborated roles, when it comes to the legislative powers of the Central and state governments, which have been stated in the seventh schedule of the Constitution. Article 356 is a device through which, in exceptional and emergency circumstances, the Central government can take over the legislative and executive roles of a state government for a limited time. In India, there exists a multi-party system and there are different parties in states and center. The abuse of Article 356 by the political party at the center is not a shocking event and instances of the same have been observed at various times in India. Because of the ambiguity and subjectivity of the language of the said Article, the misuse becomes possible. This work is a doctrinal research based on case analysis of the Supreme Court of India about the said misuse.

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“…In theory federalism allows for both unity and diversity, although in practice it includes a wide range of possibilities in its ideology and arrangements (Smith, 1995). India's Constitution is generally recognised to significantly favour an economically and politically strong Union Government vis-à-vis the States (Dua, 1979;Dandekar, 1987;Brass, 1994), a classic outcome in a postcolonial polity, and with particular reason for India (see below). A second closely related decision that the leadership faced in 1947 concerned the demarcation of the States -the size, shape and composition of its political-administrative units.…”

Section: The Map Of States: Independence and Aftermentioning

confidence: 99%

Redrawing the Body Politic: Federalism, Regionalism and the Creation of New States in India

Mawdsley¹

2002

Commonwealth & Comparative Politics

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Birkbeck ePrints: an open access repository of the research output of Birkbeck College http://eprints.bbk.ac.uk Mawdsley, Emma (2002) Redrawing the body politic: federalism, regionalism and the creation of new states in India Journal of Commonwealth and Comparative Politics 40 (3) pp 34-54 This is an author-produced version of an article published in the Journal of Commonwealth and Comparative Politics. This version has been peerreviewed but does not include the final publisher proof corrections, journal layout or journal pagination. All articles available through Birkbeck ePrints are protected by intellectual property law, including copyright law. Any use made of the contents should comply with the relevant law.

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Presidential Rule in India: A Study in Crisis Politics

Cited by 14 publications

References 3 publications

An Analysis of Article 356 in Coalition Era of Indian Politics

An Analysis of Article 356 in Coalition Era of Indian Politics

Article 365 of the Indian Constitution: Boon or a Curse for the Federal Setup?

Redrawing the Body Politic: Federalism, Regionalism and the Creation of New States in India

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