The Arbitrary imposition of President's Rule through Article 356 in India - An Analysis

Abstract

In the constitution of India, the article 356 which is used by the centre in order to implement the president’s rule in the state stating that there is emergency in the state. The national emergency is passed in a state when the machinery of the state has failed and the presidential order will be passed when it happens so. This article 356 which is framed by Dr.Ambedkar while preparing the Indian constitution in the constituent assembly debates, he clearly said that this article framed only as a safety valve to the state when it fails to do its duty. But it is being mostly used by the corrupted politicians in India. This article which is being framed just as a safety valve has been used for 115 times in India from the period of 1951- 2019. So this research paper is about the arbitrary use of the article 356 of the Indian constitution for political reasons and for all the 115 times it is not being misused but it certain cases it is being misused by the politicians for their personal reasons and for their personal benefits which virtually spoils the arbitrariness and the mutual relationship between the states and the centre. My research is to identify how the article 356 is being used for the satisfaction of the politicians or the centre to impose power on the state by implementing the president rule over the state. This research also deals with the arbitrary implementation of president’s rule and how it is affecting the federal structure of the state and also the center-state relationship.