• Article 356 The Core and The Penumbra

    Author(s):
    Animesh Tiwari, National Law School of India University, Bengaluru
    Editor(s):
    IJLLR Indian Journal of Law and Legal Research (see profile)
    Date:
    2021
    Subject(s):
    Law
    Item Type:
    Article
    Permanent URL:
    http://dx.doi.org/10.17613/ympv-c527
    Abstract:
    Article 356 is one of the most controversies creating article in Indian politics. There were instances of its use which was termed as misuse by many. The Article conform great power to the President of quashing a constitutionally elected government. Different articles facilitate the functioning of this power like 256, 257, 355, 365 these article talks about the situations in which the power can be used. The President comes under the executive but he was controlled by the Council of Ministers which comes under legislative. This creates an imbalance and to check it Judiciary is present which interprets the provisions and problems to the best solution of the situation. This paper analyzes the relationship and power dynamics between these three above institutions with respect to the President’s rule in any state. The case study of President’s rule in Uttarakhand in 2016 was taken to under the situation more clearly. Different case laws and judges opinions have been discussed which gives us the test to check whether the situation is under control of the constitution or not. The report of Sarkaria commission has also been discussed. The conclusion that we came on is that it majorly depends on case to case basis but state must show some accountability and the Union must give some time the states to make the situation normal to preserve the federal structure of the country.
    Metadata:
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    Published as:
    Journal article     Show details
    Publisher:
    IJLLR | Indian Journal of Law and Legal Research
    Journal:
    Indian Journal of Law and Legal Research
    Volume:
    1
    Issue:
    2
    ISSN:
    2582-8878
    Status:
    Published
    Last Updated:
    2 years ago
    License:
    Attribution-NonCommercial

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