Under which article can the President of India proclaim constitutional...
Proclamation of Constitutional Emergency in India
In India, the President can proclaim a constitutional emergency under Article 356 of the Constitution. This provision is critical for maintaining the governance and integrity of the nation during times of crisis.
Understanding Article 356
- Article 356 is part of the provisions related to state emergencies.
- It allows the President to assume control over a state's governance if there is a failure of constitutional machinery.
- This failure can occur due to various reasons, such as political instability, law and order issues, or the inability of the state government to function according to the Constitution.
Process of Proclamation
- The President can issue a proclamation under Article 356 based on the recommendation of the Governor of the state.
- The proclamation must be approved by both Houses of Parliament within two months.
- If approved, the state assembly is either dissolved or suspended, and the central government takes control of the state's administration.
Consequences of Constitutional Emergency
- The central government can legislate for the state and direct its administration.
- The state's constitutional rights are temporarily curtailed, and the President's rule is imposed.
- The state will remain under President's rule until the situation stabilizes, and normal constitutional governance can resume.
Significance of Article 356
- It acts as a safeguard to ensure that the Constitution is upheld and that citizens continue to enjoy their rights.
- This provision is crucial in maintaining the unity and integrity of the nation during tumultuous times.
In conclusion, Article 356 empowers the President to intervene in state governance for the protection of constitutional order, ensuring that democracy is preserved even in challenging circumstances.
Under which article can the President of India proclaim constitutional...
The President can impose President’s rule under Article 356, also known as ‘Constitutional Emergency’. This rule is imposed on the advice of the Council of Ministers and must be approved by both houses of Parliament.
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