Published Paper Details:

The research paper provides a concise exploration of the idea of emergency provisions in the context of the Indian political and legal system. It predominantly focuses on the constitutional intricacies surrounding Article 356, famously known as "President's Rule" or "State Emergency." This paper is primarily concerned with the practical aspects of State Emergency as outlined in Article 356 of the Indian Constitution. Article 356 of the Indian Constitution has been a subject of controversy since its inception due to its frequent misuse, which posed a threat to India's federal structure. Article 356 grants authority to the Union to enforce President's Rule, which involves the temporary suspension of state legislatures and executive functions when there is a collapse of the constitutional apparatus. Originally, this provision was included in the Constitution to safeguard people's welfare and prevent state governments from overstepping their authority and infringing upon individuals' fundamental rights as enshrined in the Constitution. Regrettably, this provision has often been wielded as a political tool to unseat governments on flimsy allegations of constitutional machinery breakdown. Political parties, driven by their own vested interests, have consistently applied pressure on the President to promote their individual objectives. As a result, Article 356 has been widely abused by the Union government on multiple occasions, undermining the federal structure of the Constitution. The existing structure of Article 356 has resulted in extensive abuse, greatly harming the nation's democratic system and hindering the development of a federal ethos. This exploitation erodes the integrity of state institutions, diminishes their power, and suppresses the state endeavours. This research paper will delve into the instances of misuse and critically assess the reasons behind Article 356's failure to fulfil its intended purpose. It will also explore measures that can be taken to prevent such abuse and analyze the recommendations put forth by the Sarkaria Commission, tracing the related judicial developments. Furthermore, the paper will examine the justiciability of this article and how it has evolved over time. It will also provide recommendations aimed at curbing its misuse.