Article 356 In English | Article 356 Of Indian Constitution In English | What Is Article 356

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Article 356 Of Indian Constitution In English

Article 356 – Provisions in case of failure of constitutional machinery in State.
(1) If the President, on receipt of report from the Governor of the State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with he provisions of this Constitution, the President may be Proclamation.
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;

(c) make such incidental and consequential provisions as appear to the president to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this constitution relating to any body or authority in the State Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.
(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.

(3) Every Proclamation issued under this article except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation Shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.

(4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of issue of the Proclamation: Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of six months from the date on which under this clause it would otherwise have ceased to operating, but no such Proclamation shall in any case remain in force for more than three years: Provided further that if the dissolution of the House of the People takes place during any such period of six months and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People.

(5) Notwithstanding anything contained in clause ( 4 ), a resolution with respect to the continuance in force of a Proclamation approved under clause ( 3 ) for any period beyond the expiration of one year from the date of issue of such proclamation shall not be passed by either House of Parliament unless.
(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and
(b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause ( 3 ) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned: Provided that in the case of the Proclamation issued under clause ( 1 ) on the 6 th day of October, 1985 with respect to the State of Punjab, the reference in this clause to any period beyond the expiration of two years.

Indian Constitution part 18 articles

Article 356 In English

356 Article – Provision in case of failure of constitutional machinery in the State.
(1) If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot carry on in accordance with the provisions of this Constitution, the President shall make a Proclamation.
(a) takes into his hands all or any of the functions of the Government of the State and all or any of the powers vested or exercised by the Governor or any body or authority in the State other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;
(c) to make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including to suspend wholly or in part the operation of any provision of this Constitution relating to any body provisions are included. or authority in the State Provided that nothing in this section shall authorize the President to exercise himself in any manner any of the powers vested or exercisable in any High Court, or to suspend, wholly or in part, the operation of any provision of this Constitution. will not authorize. high Court.
(2) Any such Proclamation may be revoked or altered by a subsequent Proclamation.
(3) Every proclamation issued under this article, except where it is a proclamation annulling a previous proclamation, ceases to function at the expiration of two months unless before the expiration of that period it is passed by both Houses of Parliament. Provided that if any such Proclamation (not being a Proclamation annulling the previous Proclamation) is issued at the time of the dissolution of the House of the People or the dissolution of the House of the People referred to in this clause occurs during a period of two months, and if a resolution approving the Proclamation has been passed by the Council of State, but before the expiration of that period no resolution in respect of such Proclamation has been passed by the House of the People, the Proclamation Will stop working at the end of thirty. From the date on which the House of the People sits for the first time after its reconstitution, unless before the expiry of the said period of thirty days, a resolution approving the Proclamation is also passed by the House of the People.
(4) The Proclamation so accepted shall, unless revoked, cease to function on the expiry of a period of six months from the date of issue of the Proclamation: In the form of a resolution approving the Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless repealed, continue for a further period of six months from the date on which it is otherwise under this clause cease to operate, but no such proclamation shall in any case remain in force for more than three years: Provided that if the dissolution of the House of the People occurs during any such period of six months and the continuance of such proclamation is approved A resolution to be passed by the State Council, but no resolution has been passed by the Lok Sabha regarding the continuance of such Proclamation during the said period, shall cease to function on the termination of the Proclamation after the reconstitution of Lok Sabha A period of thirty days from the date of the first sitting unless before the expiry of the said period of thirty days the Proclamation shall remain in force. Even a motion ratifying it has not been passed by the Lok Sabha. ,
(5) Notwithstanding anything contained in clause (4), in relation to the continuance of a proclamation approved under clause (3) for any period after the expiry of one year from the date of issue of such proclamation There shall be no resolution unless passed by either House of Parliament.
(a) a declaration of emergency is in force throughout India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and
(b) the Election Commission certifies that difficulties in holding general elections to the Legislative Assembly of the State concerned require the continuance of the proclamation approved under clause (3) during the period specified in such resolution: Provided that in the State of Punjab in respect of a proclamation issued under clause (1) on the 6th day of October, 1985, references in this section to any period beyond the expiration of two years.

Note- All the things mentioned in this have been taken from the Indian Constitution itself. That is, it is the word of the constitution.

What Is Article 356 Of Indian Constitution?

Article 356 Debate Summary

The draft Article 278 (Article 356 1950 of the Constitution of India) was discussed in the Legislative Assembly on 3 August 1949 and 4 August 1949. It empowered the President to take over any or all of the executive powers of the state – known as the ‘President’. rules’. The President can take such action after the Governor of the state declares that the constitutional machinery in the state has failed.

The chairman of the drafting committee introduced an amendment to effectively replace the governor with the president, as the first authority to declare, and take steps to address a state of emergency. One member opposed the amendment saying that the governor’s side-lining would first undermine federalism and second, put too much burden on the President and Parliament.

The amendment also wanted the President to issue a proclamation on the basis of his own assessment even in the absence of the report of the Governor of the State. This sparked resistance from many members who argued that it dangerously expanded the executive power of the president. First, it would undermine the autonomy of the state. Second, it would promote a dictatorial union executive. One member pointed to Hitler’s misuse of the provisions of the Weimar Constitution to establish a dictatorship in Germany. Third, it reiterated the powers of the Governor-General over the provinces of British India as reflected in the Government of India Act 1935. The Speaker got some support in the Assembly. One member argued that the President should be relied upon to exercise the powers under this Article. Instead, he argued that, historically, abuse of power was prevalent in the state executive.

The House accepted the amendment of the Chairman of the Drafting Committee and rejected the rest. The draft Article with amendments was adopted as a part of the Constitution on 8 August 1949.

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