President Rule Under Article 356: Boon or Bane?

  • Rutuja Bhalerao and Shaurya Mishra
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  • Rutuja Bhalerao

    Student at Maharashtra National Law University, Aurangabad, India

  • Shaurya Mishra

    Student at Maharashtra National Law University, Aurangabad, India

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Abstract

The imposition of President's Rule under Article 356 of the Indian Constitution is a subject of intense debate, often questioning its utility and implications. This abstract explores whether it serves as a boon or a bane to the Indian democratic framework. On one hand, proponents argue that it provides a mechanism to address breakdowns in constitutional machinery in states, ensuring the maintenance of law and order and protecting democratic values. They contend that it acts as a safety net, preventing chaos and allowing for effective governance in exceptional circumstances. However, critics argue that its frequent misuse by central governments poses a threat to federalism and undermines the autonomy of states. They highlight instances of political opportunism and abuse of power, where President's Rule has been imposed for partisan interests rather than genuine constitutional concerns. Additionally, concerns over its impact on democratic principles such as popular sovereignty and the principle of separation of powers are raised. This abstract delves into the complexities surrounding President's Rule, analyzing its historical context, legal framework, and socio-political implications to provide a comprehensive understanding of its role in the Indian polity.

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International Journal of Legal Science and Innovation, Volume 6, Issue 3, Page 294 - 301

DOI: https://doij.org/10.10000/IJLSI.111887

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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