critically examine the emergency power of the President of India and their impact on democratic functioning of the country
(please give me full answer and relevant answer about 400 words)!!
Answers
Answer:
President's role in proclaiming the state emergency is pivotal as he holds the power to determine whether the conditions, set by the makers of the constitution, are met or not to invoke article 356. Thus his power is stated as conditioned power by the Supreme Court and the implementation of state emergency provision is subjected to judicial review. The view was expressed while pronouncing the verdict of S.R Bommai Vs Union of India in 1994.
The article was allegedly abused by the centre to establish unitary governance several times in the political history of India. Recently, president's rule was imposed on Arunachal Pradesh that called into question the validity of such acts in consideration with provisions in the constitution. The incident has also invoked the need to check the constitutionality of usage of article 356 in the past to reach a conclusion that can uphold the federal character of our polity.
Here, three things are relevant:
1)Sarkaria Commission report on centre-state relations of 1988.
2)Supreme court verdict on S.R Bommai Vs Union of India.
3)President K.R Narayanan's ' Bihar Minute'.
Sarkaria commission report recommended to use the provision under Article 356 as a last mile resort, when all other alternatives fail to prevent the breakdown of constitutional machinery in the state. Hence, it must be used " very sparingly" by the government. The president is thus given power to withhold the request of governor if he is not satisfied by the materials received as reasons to pronounce emergency. However, the council of ministers are the aid and advisors of president under article 74(1), really decides on it, as this is not a functional discretion of his.
Further, S.R Bommai Vs Union of India verdict made the president's rule pronouncement justiciable and therefore subjected to judicial review. Here, the partisan executives can be called into question on decisions they made with regard to state emergency. President, therefore, has a conditioned power not discretional one.
Former president K.R Narayanan's memorable minute speech on usage of this instrument to check anarchy in the state reverberated across the country and it is now regarded as the valid document on president's rule and role. He conceded in repairing the decline rather than taking over of power from the state.
I believe, there are enough materials and provisions for the reasonable usage of the article 356, adequately powerful in preventing extraneous invoking of it. "Bihar Minute" substantiates it. Furthermore, though the provision is anti-federal, it should be there to repair the state incase of real decline.
Altogether, the democracy shouldn't be undermined by the partisan interests of executives through article 356 channel. At the same time, failure of state machinery should be dealt with supreme care in order to uphold the unity and integrity of the nation.
Answer:
An emergency due to war, an external aggression or armed rebellion [Article 352]. ... review of the validity of the proclamation of emergency issued by the president ... i) a National Emergency is already in operation; or if
Explanation:
pls mark brainliest