What is Article 356 of Indian Constitution – Defination & Meaning

Article 356: Provisions in case of failure of constitutional machinery in States (1) If the President, on receipt of a report from the Governor of a State or
📅 Part XVIII – Emergency Provisions
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Article Number

356

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Part XVIII – Emergency Provisions

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Bare Acts Text

Article 356: Provisions in case of failure of constitutional machinery in States

  • (1) If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation—
    • (a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;
    • (b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;
    • (c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State:
  • Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.
  • (2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.
  • (3) Every Proclamation under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:
  • Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.
  • (4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of issue of the Proclamation:
  • Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which under this clause it would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force for more than three years:
  • Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People:
  • Provided also that in the case of the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab, the reference in the first proviso to this clause to “three years” shall be construed as a reference to five years.
  • (5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such Proclamation shall not be passed by either House of Parliament unless—
    • (a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and
    • (b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned:
  • Provided that nothing in this clause shall apply to the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab.
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Full Definition & Explanation

Article 356 of the Indian Constitution addresses situations where a state’s constitutional machinery fails. This means when a state’s government cannot function according to the Constitution. The President can intervene if they receive a report from the state’s Governor or other sources. By issuing a proclamation, the President can take over the state’s government functions, except for the powers of the High Court. This ensures that governance can continue in times of crisis, like political instability or unrest. When the President assumes control, they can also declare that Parliament will exercise the state’s legislative powers. This is key during emergencies to maintain order and governance. For example, if a state faces severe political turmoil or violence, the President may choose to act under Article 356. The proclamation must be approved by both Houses of Parliament within two months to remain in effect. If not approved, it will lapse. However, there are limitations on how long this can last. Initially, the proclamation remains valid for six months, and can be extended for another six months if Parliament agrees. Yet, it cannot continue beyond three years, ensuring that democratic processes are restored as soon as possible. This article has been used in various states throughout India’s history, reflecting its importance in maintaining the Constitution’s integrity and providing stability during challenging times.

Historical Context

This means when a state’s government cannot function according to the Constitution. The President can intervene if they receive a report from the state’s Governor or other sources. By issuing a proclamation, the President can take over the state’s government functions, except for the powers of the High Court. This ensures that governance can continue in times of crisis, like political instability or unrest. Article 356 of the Indian Constitution addresses situations where a state’s constitutional machinery fails. When the President assumes control, they can also declare that Parliament will exercise the state’s legislative powers. This is key during emergencies to maintain order and governance.

Key Features

– The President can assume control of a state’s government during a crisis.
– Parliament can take over the legislative powers of the state.
– Proclamations made under this article need parliamentary approval within two months.
– The initial duration of a proclamation is six months, extendable for another six.
– The President cannot suspend the powers of High Courts under this article.

Importance & Impact

– It allows quick intervention to restore order in states facing crises.
– Parliament’s approval ensures legislative oversight of the President’s actions
– Limits on duration prevent indefinite control over state governments
– It highlights a balance between state autonomy and central authority.
– This article has been key during political turmoil in various states.

Sample UPSC Question

Consider the following statements regarding Article 356 of the Indian Constitution: 1) The President can assume control of state functions during a crisis. 2) Proclamations under this article do not require parliamentary approval. 3) The initial duration of a proclamation is six months. Which of the statements are correct? A) 1 and 2 only B) 2 and 3 only C) 1 and 3 only D) 1, 2 and 3.

Answer

The correct answer is C) 1 and 3 only. The President can assume control during a crisis, and the proclamation lasts for six months. However, it requires parliamentary approval, making statement 2 incorrect. Article 356 of the Indian Constitution addresses situations where a state’s constitutional machinery fails.

Key Takeaways

✓ Article 356 allows presidential intervention in state governance.
✓ It requires parliamentary approval to remain effective
✓ Proclamations can last for a maximum of three years.
✓ The powers of High Courts remain untouched under this article.
✓ This article is key for restoring order during political crises.

FAQs

Article 356 of the Indian Constitution addresses situations where a state’s constitutional machinery fails. This means when a state’s government cannot function according to the Constitution. The President can intervene if they receive a report from the state’s Governor or other sources. By issuing a proclamation, the President can take over the state’s government functions, except for the powers of the High Court.

This is key during emergencies to maintain order and governance. For example, if a state faces severe political turmoil or violence, the President may choose to act under Article 356. The proclamation must be approved by both Houses of Parliament within two months to remain in effect. Article 356 of the Indian Constitution addresses situations where a state’s constitutional machinery fails.

Initially, the proclamation remains valid for six months, and can be extended for another six months if Parliament agrees. Yet, it cannot continue beyond three years, ensuring that democratic processes are restored as soon as possible. This article has been used in various states throughout India’s history, reflecting its importance in maintaining the Constitution’s integrity and providing stability during challenging times.

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