Pakshal SecretryAIR 8 · CSE 2025 · 192 wordsTheir whole copy
Opening · a quotation
"Centre should not perform surgery for mere mosquito bite" — H.V. Kamath
Article 356 allows for imposing of President's Rule in case of failure of constitutional machinery in state.
Body · points and prose
Circumstances
- failure of constitutional Machinery in the state
- Violation of fundamental feature of constitution eg Secularism
- Governor's report highlighting failure of mechanism
Constitutional safeguards
- Should be 'clean breakdown' of constitutional machinery
- Power of President to ask COM for reconsideration eg KR Narayanan in Bihar Emergency
- Only on aid & advice of Council of Minister can it be imposed
Judicial Verdicts
(A) SR Bommai Case (1993) → ① Allowed Judicial Review of decision ② Governor should have objective proof of breakdown ③ Court could reverse Presidential Rule if wrongly applied
(B) Rameshwar Prasad Case ④ Limitation on discretion of governor ⑤ Should be used as matter of last resort
(C) Nabam Rebia Case (2016) ⑥ Majority at floor of house and not speaker's chamber ⑦ governor should try and see all possibility of government formation before recommending Article 356.
Close · a way forward
Thus, recommendation of Sarkaria Committee should be followed in spirit to keep Article 356 a dead letter of constitution.