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Article 356 & when Judiciary is in Activism in India :
What is Art-356?(In brief)-It's inspired by section93 of the GOI Act,1935,which provided that if Governor of a state was satisfied that a situation had arisen in which the govt. can't be carried on in accordance with.(1/16)
What is Art-356?(In brief)-It's inspired by section93 of the GOI Act,1935,which provided that if Governor of a state was satisfied that a situation had arisen in which the govt. can't be carried on in accordance with.(1/16)
..the provisions of the said fact, he could assume to himself all or any of the powers of the govt. & discharge those functions in his discretion.The Governor however, couldn't encroach upon the power of the high court.(2/16)
Context:
The recent order of the AP HC directing the AP govt to come prepared to argue on the ‘breakdown of constitutional machinery in the state’ is shocking as it opens up the possibility of use or even misuse of Art-356 by the judiciary. (3/16)
The recent order of the AP HC directing the AP govt to come prepared to argue on the ‘breakdown of constitutional machinery in the state’ is shocking as it opens up the possibility of use or even misuse of Art-356 by the judiciary. (3/16)
Though the SC of India has stayed the order, we need to go deeper into this observation & look at the controversial provision of Art-356 because of which the HC could make such an observation. The devil is in the provision itself.(4/16)
Judicial activism may be good as a rare exception but an activist judiciary is neither good for the country nor for the judiciary itself as it would encourage the government to appoint committed judges.(5/16)
The record:
Art-356 has been used/misused more than 125 times though B.R. Ambedkar had assured that it'd remain a dead letter.
Both on Art-356 & the Governor, experience has proven Dr.Ambedkar wrong. (6/16)
Art-356 has been used/misused more than 125 times though B.R. Ambedkar had assured that it'd remain a dead letter.
Both on Art-356 & the Governor, experience has proven Dr.Ambedkar wrong. (6/16)
In almost all cases it was used for political considerations rather than any genuine breakdown of constitutional machinery.
All Presidents signed presidential proclamations without demur except K.R.Narayanan who twice returned the cabinet’s recommendation on Oct 22,1997.(7/16)
All Presidents signed presidential proclamations without demur except K.R.Narayanan who twice returned the cabinet’s recommendation on Oct 22,1997.(7/16)
The issue with the word ‘otherwise’ for Article 356:
---V.Kamath criticised the word ‘otherwise’ during CA discussion & said only god knows what ‘otherwise’ means.
‘Otherwise’ can include anything including a presidential dream of breakdown of constitutional machinery .(8/16)
---V.Kamath criticised the word ‘otherwise’ during CA discussion & said only god knows what ‘otherwise’ means.
‘Otherwise’ can include anything including a presidential dream of breakdown of constitutional machinery .(8/16)
The AP HC could pass such an order due to this very term ‘otherwise’.It negates the ideals of constitutionalism by giving unlimited powers to the Centre,also allowed the HC to overstepped the line.
But this is not the first instance of judicial overreach on this issue. (9/16)
But this is not the first instance of judicial overreach on this issue. (9/16)
On August 13,1993,Patna HC had observed that it could also report to the President about the breakdown of constitutional machinery in the State.
The discretionary power of Governor under Art-163 is one of the major reasons behind misuse of president rule...(10/16)
The discretionary power of Governor under Art-163 is one of the major reasons behind misuse of president rule...(10/16)
....as he has no binding to consult Council of Ministers while preparing & sending the report to President.
Suggestions:
In this context, the recommendations of the Sarkaria Commission & Punchhi Commission should be followed in true spirit. 356 should be amended so that.(11/16)
Suggestions:
In this context, the recommendations of the Sarkaria Commission & Punchhi Commission should be followed in true spirit. 356 should be amended so that.(11/16)
President be empowered to dissolve the State Legislature only after approval by the Parliament.
On the question of invoking Art-356 in case of failure of Constitutional machinery in States, the Punchhi Commission would recommend suitable amendments to incorporate the....(12/16)
On the question of invoking Art-356 in case of failure of Constitutional machinery in States, the Punchhi Commission would recommend suitable amendments to incorporate the....(12/16)
guidelines set forth in the landmark judgement of the SC in S.R.Bommai Vs.GOI(1994).
The Punchhi Commission recommended provision of ‘Localized Emergency’ which means that centre can tackle issue at town/district level without dissolving the legislative assembly.(13/16)
The Punchhi Commission recommended provision of ‘Localized Emergency’ which means that centre can tackle issue at town/district level without dissolving the legislative assembly.(13/16)
Conclusion:
Today, when many constitutional experts are of the view that the judiciary is increasingly becoming more executive-minded than the executive itself, the observations of the AP HC are a worrisome sign.(14/16)
Today, when many constitutional experts are of the view that the judiciary is increasingly becoming more executive-minded than the executive itself, the observations of the AP HC are a worrisome sign.(14/16)
The spirit of “cooperative federalism” can preserve the balance between the Union & the States& promote the good of the people & not a superior attitude.
The role of Governor in this regard is indispensable for the successful working of the constitutional democracy...(15/16)
The role of Governor in this regard is indispensable for the successful working of the constitutional democracy...(15/16)
......which will ensure proper utilization of provisions of Art-356.
Ideally, the word ‘otherwise’ should be deleted from Art-356 & the provision be used only sparingly & to never remove a majority government.(16/16)
Ideally, the word ‘otherwise’ should be deleted from Art-356 & the provision be used only sparingly & to never remove a majority government.(16/16)
What do you think ? 
@RDXThinksThat @kakar_harsha @abbas_nighat @NaanOfficial @png60 @AsYouNotWish @AnirCareer @AnilSharma8844 @Mrityun91255972 @SureshGNayar @BHARATNARAYAN7 @srinihyd999 @AbbaJaan2020 @mayank_tweets_ @DaraHuaNagrik @SweetKmina @AmitMishra4All @i_amdinesh
@RDXThinksThat @kakar_harsha @abbas_nighat @NaanOfficial @png60 @AsYouNotWish @AnirCareer @AnilSharma8844 @Mrityun91255972 @SureshGNayar @BHARATNARAYAN7 @srinihyd999 @AbbaJaan2020 @mayank_tweets_ @DaraHuaNagrik @SweetKmina @AmitMishra4All @i_amdinesh
