Account for legal and political factors responsible for the reduced frequency of using article 365 by the union government mid-1990s.
Account for legal and political factors responsible for the reduced frequency of using article 365 by the union government mid-1990s.
Subject: Indian Polity
The significant decline in the invocation of Article 356 since the mid-1990s can be attributed to a watershed moment in Indian constitutional history - the S.R. Bommai judgment (1994). This landmark case fundamentally transformed the federal dynamics between the Union and States by establishing robust safeguards against the arbitrary imposition of President's Rule.
Legal Factors
• The Supreme Court's judgment in S.R. Bommai case established clear judicial parameters:
- Made President's Rule subject to judicial review.
- Mandated that the material basis for imposing Article 356 must be made available to courts.
- Required floor test to prove majority in the assembly before dissolution.
• The Court emphasized that Article 356 can only be invoked in cases of:
- Complete breakdown of constitutional machinery.
- Not merely for law and order issues or political instability.
- Failure to comply with constitutional obligations.
• The interpretation of Article 365 was refined:
- Made President's power discretionary rather than obligatory.
- Required reasonable and circumspect application of the provision.
- Established clearer definition of "constitutional breakdown".
Political Factors
• The emergence of coalition politics at the national level:
- Regional parties gained more bargaining power.
- Created political checks against misuse of Article 356.
- Fostered federal cooperation rather than confrontation.
• Growing judicial activism and public awareness:
- Increased scrutiny of central government's decisions.
- Greater media attention on federal relations.
- Enhanced political costs of misusing Article 356.
• Evolution of cooperative federalism:
- Formation of Inter-State Council for better Centre-State coordination.
- Regular meetings of NITI Aayog promoting collaborative governance.
- Strengthened institutional mechanisms for dispute resolution.
The confluence of these legal and political factors has led to a more mature federal democracy where the use of Article 356 has become a measure of last resort, as evidenced by the significant reduction in its invocation since the Bommai judgment. This transformation represents a shift from confrontational to cooperative federalism, strengthening India's democratic fabric.
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