Article 356 of the Constitution of India lays down the provisions relating to the failure of constitutional machinery in State. The Article provides for the circumstances when the President may assume functions of the Government of the State either himself or declare them to be exercisable by the Parliament. The various provisions of the Article are as follows:
(1) If the President is satisfied on receiving a report from the Governor or otherwise, that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution, then he may by a proclamation either assume all functions of the government of the State and exercise all or any of the powers exercisable by the governor or any other authority other than the State Legislature or declare such powers to be exercised by the Parliament or an authority under it. He may make such incidental and consequential provisions as appear necessary to the President for giving effect to the object of the Proclamation, including the provision of suspending in whole or in part any provisions of the Constitution relating to any body or authority in the State. Provided nothing in the clause (1) gives authority to the President to assume powers vested in or exercisable by a High Court or suspend in whole or in part any part of the Constitution relating to High Courts.
(2) Any such proclamation may be altered or revoked by a subsequent proclamation.
(3) Any such proclamation except the one revoking the previous proclamation shall cease to operate after the expiry of two months unless approved by a resolution of both the Houses of the Parliament.
(4) A Proclamation approved by the Parliament shall cease to operate on the expiration of six months from the date of the issue of the proclamation unless a resolution approving the continuance in force of such proclamation is passed by both the Houses of the Parliament. In such case, the proclamation unless revoked, shall continue in force for another six months.
(5) A resolution with respect to the continuance of a proclamation beyond the expiration of one year from the date of issue, shall not be passed unless a Proclamation of Emergency is in operation either in whole or part of India at the time of passing of such resolution or the Election Commission certifies that the continuance of such proclamation is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned.
Article 357 provides that when a proclamation under Article 356(1) declares that the powers of the Legislature of the State may be exercised by or under the authority of the Parliament, it may delegate to the President the power to make laws and authorize the President to delegate such power to any other authority. Any laws so passed, after the cessation of the Proclamation may continue in force until altered, repealed or amended by a competent Legislature or other authority.
(1) If the President is satisfied on receiving a report from the Governor or otherwise, that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution, then he may by a proclamation either assume all functions of the government of the State and exercise all or any of the powers exercisable by the governor or any other authority other than the State Legislature or declare such powers to be exercised by the Parliament or an authority under it. He may make such incidental and consequential provisions as appear necessary to the President for giving effect to the object of the Proclamation, including the provision of suspending in whole or in part any provisions of the Constitution relating to any body or authority in the State. Provided nothing in the clause (1) gives authority to the President to assume powers vested in or exercisable by a High Court or suspend in whole or in part any part of the Constitution relating to High Courts.
(2) Any such proclamation may be altered or revoked by a subsequent proclamation.
(3) Any such proclamation except the one revoking the previous proclamation shall cease to operate after the expiry of two months unless approved by a resolution of both the Houses of the Parliament.
(4) A Proclamation approved by the Parliament shall cease to operate on the expiration of six months from the date of the issue of the proclamation unless a resolution approving the continuance in force of such proclamation is passed by both the Houses of the Parliament. In such case, the proclamation unless revoked, shall continue in force for another six months.
(5) A resolution with respect to the continuance of a proclamation beyond the expiration of one year from the date of issue, shall not be passed unless a Proclamation of Emergency is in operation either in whole or part of India at the time of passing of such resolution or the Election Commission certifies that the continuance of such proclamation is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned.
Article 357 provides that when a proclamation under Article 356(1) declares that the powers of the Legislature of the State may be exercised by or under the authority of the Parliament, it may delegate to the President the power to make laws and authorize the President to delegate such power to any other authority. Any laws so passed, after the cessation of the Proclamation may continue in force until altered, repealed or amended by a competent Legislature or other authority.
No comments:
Post a Comment