| Article Title |
From Constitutional Safeguard to Political Instrument? A Critical Study of Article 356 of the Indian Constitution |
| Author(s) | Ankita Sanganeria. |
| Country | India |
| Abstract |
Article 356 of the Indian Constitution, situated within Part XVIII dealing with Emergency Provisions, empowers the Union Government to impose President’s Rule in a State upon the “failure of constitutional machinery.” Conceived as an exceptional constitutional safeguard to preserve democratic governance and national integrity, this provision has, over time, generated intense debate regarding its scope, application, and potential for misuse. This study critically examines the transformation of Article 356 from a protective constitutional mechanism into, at times, a political instrument. It analyses the constitutional framework, the intent of the framers, and the safeguards introduced through parliamentary control and constitutional amendments. The research further evaluates the recommendations of the Sarkaria and Punchhi Commissions, which emphasized restraint, objectivity, and last-resort invocation. Judicial interpretation particularly in S. R. Bommai vs Union of India (1994) is examined as a turning point that subjected presidential proclamations to judicial review and strengthened federal principles. The paper also explores historical misuse, structural vulnerabilities, and the continuing tension between federal autonomy and central authority. It concludes that while Article 356 remains constitutionally necessary, its legitimacy depends upon disciplined application, judicial vigilance, and adherence to cooperative federalism. |
| Area | Law |
| Issue | Volume 2, Issue 6 (November - December 2025) |
| Published | 2025/12/30 |
| How to Cite | Sanganeria, A. (2025). From Constitutional Safeguard to Political Instrument? A Critical Study of Article 356 of the Indian Constitution. International Journal of Social Science Research (IJSSR), 2(6), 570-579, DOI: https://doi.org/10.70558/IJSSR.2025.v2.i6.30766. |
| DOI | 10.70558/IJSSR.2025.v2.i6.30766 |
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