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India

Discuss everything that is happening in India or is related to India

ramya , Aug, 06 2016

Despite Bommai judgment the misuse of Article 356 is taking place, the Judiciary can and should stop its misuse


After the Emergency ended in 1977, the first non-Congress government at the Centre, headed by the Janata Party, dismissed state governments headed by Congress chief ministers and dissolved the assemblies on the ground that they had lost the people’s mandate. The matter was carried to the Supreme Court in the State of Rajasthan v. Union of India. A seven-judge bench dismissed the petition on several preliminary grounds, including its refusal to get into the thicket of political questions. Some judges even held that presidential satisfaction in invoking Article 356 of the Constitution was not justiciable. Gandhi’s return to the Centre in 1980 saw her return the favour by dismissing Janata Party state governments. This action went unchallenged in the courts in the wake of the Rajasthan judgment.
After the Emergency ended in 1977, the first non-Congress government at the Centre, headed by the Janata Party, dismissed state governments headed by Congress chief ministers and dissolved the assemblies on the ground that they had lost the people’s mandate. The matter was carried to the Supreme Court in the State of Rajasthan v. Union of India. A seven-judge bench dismissed the petition on several preliminary grounds, including its refusal to get into the thicket of political questions. Some judges even held that presidential satisfaction in invoking Article 356 of the Constitution was not justiciable. Gandhi’s return to the Centre in 1980 saw her return the favour by dismissing Janata Party state governments. This action went unchallenged in the courts in the wake of the Rajasthan judgment.

Saara , Aug, 08 2016


Art. 356 which contains the provision of imposition of presidents rule in a state by President is being used in a greater number and seen as violation and a breach of democratic principles enshrined in Constitution of India. Recent imposition of Presidents rule in Anuranchal Pradesh ,Uttrakhand is valid in accordance with states responsibility to preserve integrity and secular nature of Indian polity. by imposition of Art. 356 prsident is empowered to take decision on critical issues which aims at reducing unhealthy influence wielded by non-state actors like Naxalites, cases of violence in the name of religion like Sabrimala case involving ban on women entry. However imposition of president rule goes against federal nature of Indian polity in which states are separate constituent units and are free to decide their actions on various policies and social welfare schemes. It also holds the possibility of president becoming dictator which infringes with the operational autonomy of states in indian federation.
Art. 356 which contains the provision of imposition of presidents rule in a state by President is being used in a greater number and seen as violation and a breach of democratic principles enshrined in Constitution of India. Recent imposition of Presidents rule in Anuranchal Pradesh ,Uttrakhand is v


Rahul , Aug, 08 2016


Implementing the suggestions suggested by Sarkaria commission and Justice Venkatachaliah Commission who have said that the “federalism” needs to be strengthened even at the cost of more decentralization and greater regional autonomy, to prevent the disintegration of the nation through violence and anarchy is a way to solve this issue. There can be various other ways like: it should be used very sparingly, in extreme cases, as a measure of last resort, when all other alternatives fail to prevent or rectify a breakdown of constitutional machinery in the state. The spirit of "co-operative federalism" can preserve the balance between the Union and the states and promote the good of the people
Implementing the suggestions suggested by Sarkaria commission and Justice Venkatachaliah Commission who have said that the “federalism” needs to be strengthened even at the cost of more decentralization and greater regional autonomy, to prevent the disintegration of the nation through violence a


Niharika , Aug, 08 2016


The recent instances of arbitrary use of art 356 in Uttarakhand and the way in which a popular elected govt was dismissed calls upon scrutiny of misuse of this article. The possibility of this misuse is due to the fact that the role of speaker of assembly can be questionable while using and applying anti-defection law(10th schedule). He may not be competent enough to apply it as it involves judicial interpretation of a legislative law. Dissidents may form groups going against whip and blocking passage of imp bills by colluding with opposition .Though safeguards are there,but it could not prevent fall of congress govt in Uttarakhand. Discretionary and unjustified power to governor to recommend president rule as and according to his understanding of the situation. Hasty recommendations by central govt to impose presidents rule due to increasing political divide and antagonism with hidden agendas of setting up its own Govt.
The recent instances of arbitrary use of art 356 in Uttarakhand and the way in which a popular elected govt was dismissed calls upon scrutiny of misuse of this article. The possibility of this misuse is due to the fact that the role of speaker of assembly can be questionable while using and applying


Aarushi , Aug, 08 2016


The solution is simple, there should be no delay in delivering the final Judgement by the court which acts as an immediate response to misuse of Article 356 by Union govt. Anti defection law should be revised in order to make rebel MLAs immediate disqualification during split done to destabilise govt. Central Govt should cooperate with state Govt keeping aside their ideological differences for healthy Functioning of Federal Character. Federal structure should be not diluted at any cost where strong cooperation between centre and state should be kept for the well being of people in mind so that the elected govt can carry forward the trust people kept on it and any activity to misuse that will be a diversion from the welfare state.
The solution is simple, there should be no delay in delivering the final Judgement by the court which acts as an immediate response to misuse of Article 356 by Union govt. Anti defection law should be revised in order to make rebel MLAs immediate disqualification during split done to destabilise gov


Mayank , Aug, 08 2016


Until the Bommai judgement(1994), there was a rampant abuse of power of Union govt over state govt through the article 356 which stipulates Presidents rule. It was in this landmark judgement; however, the Presidents rule was brought into judicial scrutiny by higher judiciary and thus made justifiable. Following the judgement a new hope ushered where the federal character of the country will be strengthen. Unfortunately the days seem too far to hope for it. Remarkable it was for the govt and judiciary at that time, to restrict the outright abuse of power but it remained only on the papers while govt after govt was toppled by the might of centre govt even after such a broad arrangements.
Until the Bommai judgement(1994), there was a rampant abuse of power of Union govt over state govt through the article 356 which stipulates Presidents rule. It was in this landmark judgement; however, the Presidents rule was brought into judicial scrutiny by higher judiciary and thus made justifiabl


Vaibhav , Aug, 08 2016


It has been observed that Union government has not allowed floor test of Harish Rawats led Congress government in Uttarakhand, claiming that there has been failure of constitutional machinery because 9 MLAs of ruling party did not supported Appropriation bill in the state assembly as well as charges of horse trading emerged due to sting video on incumbent chief minister Harish Rawat.The High court in its judgment while restoring the state government has questioned the hastiness of union government to impose governors rule and not allowing the floor test to happen. The matter is in apex court and supreme court has asked union government, the constitutional validity of questioning Speakers decision regarding passing of Appropriation bill. The tendency of Union government to destabilize other party state governments which stared from 1959 against communist government of Kerela and in the recent time , the centre goverment has interfered in Arunanchal Pradesh and Uttarakhand by imposing Governors rule.
It has been observed that Union government has not allowed floor test of Harish Rawats led Congress government in Uttarakhand, claiming that there has been failure of constitutional machinery because 9 MLAs of ruling party did not supported Appropriation bill in the state assembly as well as charges


Shalini , Aug, 08 2016


In view of the recent events, it can be said that the misuse of the Red Letter of the Constitution is still prevalent among the central govt, for enforcing its own will on the state govts. This mostly happens in case of ideological differences between the central and state govts. Since independence, almost all states have gone under the Presidents rule at least once. In most cases, the state under Presidents rule is under a different political party a.c.t. centres political party, which leads to differences on administration measures to be employed in the state and the methods to implement the social welfare schemes
In view of the recent events, it can be said that the misuse of the Red Letter of the Constitution is still prevalent among the central govt, for enforcing its own will on the state govts. This mostly happens in case of ideological differences between the central and state govts. Since independence,