Account for legal and political factors responsible for the reduced frequency of using article 356 by the union government mid-1990s.

GS 2
Indian Polity
2023
10 Marks

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.
  • Emergence of Strong Regional Parties:

    • Rise of regional political power in states like West Bengal, Tamil Nadu, and Andhra Pradesh.
    • These parties wielded significant national influence, making central overreach politically costly.
  • 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.
  • Public and Political Pressure

    • Media, civil society, and judiciary began criticizing misuse of Article 356 as undemocratic.
    • A growing federal political culture promoted respect for state mandates.

The decline in the use of Article 356 reflects the maturation of Indian democracy. Legal safeguards post S.R. Bommai and evolving coalition-era politics have together ensured that Article 356 is used sparingly and constitutionally, reinforcing the principles of cooperative federalism and democratic governance.

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