Document I: Some Articles of the Constitution of India Relating to Powers of the President of India and Governors of States in the Federal Context
| Date | 01 September 2017 |
| Published date | 01 September 2017 |
| DOI | 10.1177/0019556117727624 |
| Subject Matter | Documents |
Documents
Indian Journal of Public
Administration
63(3) 508–522
© 2017 IIPA
SAGE Publications
sagepub.in/home.nav
DOI: 10.1177/0019556117727624
http://journals.sagepub.com/home/ipa
Document I
Some Articles of the
Constitution of India
Relating to Powers of the
President of India and
Governors of States in the
Federal Context
Article 356 in the Constitution of India
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 the provisions of this Constitution,
the President may by 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 anybody 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 presi-
dent 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 shall be laid before each
House of Parliament and shall, except where it is a Proclamation revoking a pre-
vious 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:
To continue reading
Request your trial