Critical Analysis of Article 356 of the Indian Constitution: A Provision of Emergency or Tyranny?

  • Ayushi Malik and Aayushi Bhargava
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  • Ayushi Malik

    Student at Institute of Law, Nirma University, India

  • Aayushi Bhargava

    Student at Institute of Law, Nirma University, India

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The idea of the proclamation of a state of emergency owing to a breakdown in constitutional machinery refers to a situation in which the state's established constitutional procedures stop working according to the Constitution's stipulations. This serious collapse frequently results in a breakdown of law and order, which prevents the state government from carrying out its obligations under the constitution. About India, Article 356 of the Constitution allows the imposition of a President's Rule in a state going through such a breakdown. Although this clause was originally intended to provide the federal government more authority to protect the welfare of the public, it has been used as a tool to unseat state governments. Unfortunately, this interpretation erodes the fundamental federalist and democratic values established in the Constitution. The article aims to examine the legal foundation for declaring an emergency due to the malfunction of constitutional machinery. It highlights the inherent flaws in this clause, particularly its propensity to defeat its stated goal. The clause occasionally gets used to undermine the country's federal system and democratic foundation rather than protecting the integrity of the constitution. The article explores the flaws in this emergency service through a critical examination and offers potential solutions. By doing so, it hopes to add to the conversation on the need for a more sensible and balanced application of Article 356 that is in line with the original intent of safeguarding democratic ideals and maintaining the federal character of the country.




International Journal of Law Management and Humanities, Volume 6, Issue 5, Page 482 - 490


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