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

Explanation using Example

Example 1:

Scenario: Political instability in the State of Maharashtra

Situation: The State of Maharashtra is experiencing severe political instability. The ruling coalition government has collapsed due to internal conflicts, and no party is able to form a stable government. The Governor of Maharashtra sends a report to the President of India stating that the government cannot be carried on in accordance with the provisions of the Constitution.

Application of Article 356:

1. President's Proclamation: The President, after receiving the Governor's report, is satisfied that the constitutional machinery in Maharashtra has failed. The President issues a Proclamation under Article 356.
2. Assumption of Functions: The President assumes all the functions of the Government of Maharashtra and the powers vested in the Governor.
3. Legislative Powers: The President declares that the powers of the Maharashtra Legislative Assembly shall be exercisable by the Parliament.
4. Incidental Provisions: The President makes necessary provisions to ensure the smooth administration of the state during this period.

Outcome: The Proclamation is laid before both Houses of Parliament. If approved within two months, it remains in force for six months, unless revoked earlier. The Proclamation can be extended for further periods of six months, but not beyond three years.

Example 2:

Scenario: Breakdown of law and order in the State of West Bengal

Situation: The State of West Bengal is facing a severe breakdown of law and order due to widespread riots and violence. The ...

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