Arushi Sharma, BBA LL.B., Symbiosis Law School, Pune
ABSTRACT
Article 356 has always been a source of contention due to alleged abuse. Although it was supposed to be a dead letter, it has gained some notoriety due to its frequent use. This provision was first included in the Constitution to ensure the welfare of the people and to limit state governments from overreaching and infringing on the fundamental rights of individuals in a particular state as enshrined in the Constitution. However, it has become clear that the provision has become a political weapon that can be used to depose the government on the frivolous charge of constitutional machinery breakdown. This article assesses the provision on its own merits and provides a thorough understanding of why, in most cases, Article 356 has failed to serve the purpose for which it was added to the Constitution.
Keywords: Article 356, President’s rule, Emergency, Proclamation, Misuse
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