Mentors Comments:
- 1. Briefly describe Art 356
- 2. Explain the reasons for which it can be used
- 3. Explain the gross misuse of the article
- 4. Suggest remedies to limit it’s misuse
- https://www.google.com/amp/s/
www.thehindu.com/opinion/ editorial/betrayal-of-the- mandate/article29956096.ece/ amp/
Answer:
President’s rule is the suspension of state government and the imposition of direct central government rule in a state.
Grounds of President Rule
- Article 355 states that it shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution.
- Article 356 states that President rule can be imposed in any state on grounds of failure of Constitutional Machinery-
- If President on receipt of report by Governor of a State or otherwise is satisfied that a situation has arisen in which govt of that state can’t be carried in accordance with provisions of the Constitution, then President Rule can be imposed.
However, the imposition of President’s Rule in a state which sought to be the last resort had been used more frequently-
- Where a ministry resigns or is dismissed on losing majority support in the assembly and the governor recommends imposition of President’s Rule without probing the possibility of forming an alternative ministry.
- Where the governor makes his own assessment of the support of a ministry in the assembly and recommends imposition of President’s Rule without allowing the ministry to prove its majority on the floor of the Assembly.
- Where the ruling party enjoying majority support in the assembly has suffered a massive defeat in the general elections to the Lok Sabha such as in 1977 and 1980.
- Internal disturbances not amounting to internal subversion or physical breakdown.
- Maladministration in the state or allegations of corruption against the ministry or stringent financial exigencies of the state.
- Where the state government is not given prior warning to rectify itself except in case of extreme urgency leading to disastrous consequences.
- Where the power is used to sort out intra-party problems of the ruling party, or for a purpose extraneous or irrelevant to the one for which it has been conferred by the Constitution.
Recommendations of different committee on President Rule:
- Art. 356 should be amended so that the President be empowered to dissolve the State Legislature only after approval by the Parliament.
- The President’s Proclamation should include the ‘reasons’ as to why the State cannot be run as per the normal provisions of the Constitution.
- As far as possible, the Centre should issue a warning to the State government before resorting to the use of Art. 356.
- The party or combination of parties that commands the widest support in the Legislative Assembly should be called upon to form the Government.
- If there is a pre-poll alliance or coalition, it should be treated as one political party and if such a coalition obtains a majority, the leader of such coalition shall be called by the Governor to form the Government.
- It needs to be remembered that only the spirit of “cooperative federalism” can preserve the balance between the Union and the States and promote the good of the people and not an attitude of dominance or superiority. The power of governance is distributed in several organs and institutions – a sine qua non for good governance.
Comments
24 responses to “Art 356 should be the last resort to restore democracy in a state. Discuss. (15 Marks)”
Mojo id-MOJO9908R00A36163556
The overall discussion is OK.
The 2nd part of the ain body needs better content, where you discussed the examples of the gross misuse of the article.
The rest of the answer is fine in terms of content.
When discussing article 356, always quote various committees and their suggestions in the way forward.
Good intro.
The structure is decent.
Work on writing clearly.
Payment ID – MOJO9a25Y00D56176325
A very good answer.
You have covered almost all the elements required in the discussion.
The content is decent.
Fine structure.
the presentation is also decent.
But avoid lengthy statements in bullet points. They might give an expression of content being over-explained.
Very good way forwards.
please review…
payment id:MOJO9a29300A61774733
There is no issue with the content or the structure.
They all are fine.
But your presentation needs to be improved.
With this mode of writing, you will lose marks.
Write clearly and give enough gaps in your statements.
Secondly, when changing the direction of the discussion, then also clearly mention the subheadings and give proper space.
Start writing on plain paper.
The overall content is decent.
Very good language.
Could have explained the examples of gross misuse of the article in more detail.
But otherwise, the structure and explanation are very good.
Please review.
Payment id- MOJO9a05700D19953140
The overall discussion is very good.
Your content is very good and its explanation is on the good side.
The overall structure is quite clear and clearly demarcated.
That is a good step.
The language used in the answer is very smooth and mains like.
The explanation is crisp and effective.
The way forwards are the best part of this answer.
All in all, a very good attempt with nothing wrong in it.
MOJO9a31K00N58111047
Fine intro.
The use of a tabular form of discussion in the 1st part is very good.
Good content in it.
The main body of the answer is very good.
But do mention the Sarakria Commission as well in the way forward.
That will give credence to your material.
Remember that you have to quote the Sarkaria commission whenever there is a question on federalism or Article 356.
The overall content is decent and it is well explained.
Good structure of the answer
MOJO9b04X00D25275001
The overall content and structure are fine.
But your presentation needs to be improved.
With this mode of writing, you will not gain deserving marks.
Write clearly and do not do so much cutting in your statements.
Underline the imp keywords
Even your flowchart is not clear. It should be clearly made and should be self-explanatory.
The overall content is decent.
Very good language.
Could have explained the examples of gross misuse of the article in more detail.
But otherwise, the structure and explanation are very good.
Very good way forwards and mention of various committees and judgments is also good.
MOJO9a02U00D28381180
Good intro.
The use of a flowchart in the 1st part is very good.
Good content in it.
The main body of the answer is very good.
But do mention the recommendations of various commissions and various judicial judgments as well in the way forward. They lack talking points currently.
That will give credence to your material.
Remember that you have to quote the Sarkaria commission whenever there is a question on federalism or Article 356.
The overall content is decent and it is well explained.
Good structure of the answer
Read the model answer for more way forward
MOJO9803C00N96073071
The 1st part of the main body is too lengthy and over-explained.
Only briefly discuss and explain the reasons for which it can be used and its effects. Your coverage of this part is very lengthy.
It should not take more than 25% of the space of the overall content.
The 2nd part is handled in a better manner.
Decent way forwards but they are not well explained.
They have to be expanded and explained in a better manner.
Work on your presentation
MOJO9b03K00A07920521
Your content is very good and its explanation is on the good side.
The overall structure is quite clear and clearly demarcated.
The overall discussion is very good.
The explanation is crisp and effective.
The language used in the answer is very smooth and mains like.
The way forward is quite decent.
MOJO9930Q00N64198657
Kindly upload clear images Swetha
The answer attempted is very good.
You have covered almost all the arguments, including the background of the article.
The overall coverage of the topic is very good.
The answer is quite detailed and informative.
Yet the explanation is short and crisp.
Keep it up.
The structure of the answer is very good and your coverage is decent.
The way forward is also fine.
Nothing wrong in the attempt.
But let me know from next time onwards that how much time are you taking in writing these answers.
MOJO9828N00A10807750
A very good intro.
The 1st part of the main body and the last part of the answer are very well attempted.
Could have explained the examples of gross misuse of the article in more detail.
Read the model answer for those talking points.
The content is very good.
The explanation is superb and to the point.
The overall presentation is also clear and fine.
But do underline keywords in your answers.
Payment ID:MOJO9b01O00A90839766
Please review
Good answer.
Your elements of discussion in the answer are superb.
Your coverage is neat and well explained.
The language is good.
The structure of the answer is very good. That shows the level of understanding you have on the topic.
Excellent way forwards
All in all, nothing wrong with the attempt and it is a near-perfect discussion.