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 state government is unable to control the situation, and the Governor reports to the President that the government cannot function according to the Constitution.

Application of Article 356:

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

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 3:

Scenario: Natural disaster in the State of Kerala

Situation: The State of Kerala is hit by a devastating natural disaster, such as a massive flood, which cripples the state administration. The state government is unable to function effectively, and the Governor reports to the President that the government cannot be carried on in accordance with 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 Kerala has failed. The President issues a Proclamation under Article 356.
2. Assumption of Functions: The President assumes all the functions of the Government of Kerala and the powers vested in the Governor.
3. Legislative Powers: The President declares that the powers of the Kerala Legislative Assembly shall be exercisable by the Parliament.
4. Incidental Provisions: The President makes necessary provisions to ensure the administration of the state and coordinate disaster relief efforts.

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.