What is Article 356, which PM says Indira Gandhi misused 50 times?

Slamming the Opposition in the Rajya Sabha on Thursday, Prime Minister Narendra Modi said Indira Gandhi had ‘misused’ Article 356 on fifty occasions. “We are accused of troubling the states. I have been chief minister for a long time. I understand the meaning of federalism. We have stressed cooperative, competitive federalism. We have kept in mind national progress in our policies and also regional aspirations. Those who are sitting in Opposition today, they had tampered with the rights of states,” Modi said. Modi made the remarks amid Opposition members raising slogans during his speech about the Hindenburg-Adani row. “Look at history. Which party and people in power misused Article 356 the most? Elected governments were toppled 90 times, who were those who did that? A prime minister used Article 356 fifty times, and scored a half-century and that name is Indira Gandhi. In Kerala Communist government was elected which wasn’t liked by Pandit Nehru and was toppled,” he said. But what is Article 356? Let’s take a closer look: Article 356 is based on Section 93 of the Government of India Act, 1935. As per Scroll, the Government of India Act served as British India’s constitution in the Raj’s last decade. Commonly known as ‘President’s Rule’, Article 356 is also called ‘State Emergency’ or ‘Constitutional Emergency’. It reads, “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 be Proclamation.” In short, it deals with ‘failure of constitutional machinery in the state’ and allows the president to assume any and all functions of the state. It can be imposed for six months at a time for a maximum duration of three years. After six months, Parliament’s approval is needed to reimpose President’s Rule. In 1978, the 44th Amendment to the Constitution (1978) was made. This stated that President’s Rule cannot be extended beyond one year unless:

• In case of national emergency
• The Election Commission of India certifies that it is necessary due to difficulties conducting Assembly polls.

After President’s Rule is imposed, the governor of the state continues administering the state on behalf of the president. The governor can also take aid from the chief secretary and any other officials. Use by Nehru, Indira President’s Rule was first used in 1951 in Punjab. [caption id=“attachment_11623601” align=“alignnone” width=“640”] Jawaharlal Nehru first imposed President’s Rule in 1951.[/caption] This was done by then prime minister Jawaharlal Nehru (also Congress president) to dismiss the Gopichand Bhargava-led government even though he had a majority in the Assembly.

In 1959, Nehru again used Article 356 to dismiss the Communist government in Kerala while his party was embroiled in a political battle.

Indira Gandhi’s government used it 39 times against various states between 1966 and 1977, according to the website Legal Service India. As Scroll noted, in 1977 and 1980, both the Janata Party and Congress routinely dismissed state governments without “even bothering to hide behind the fig leaf of constitutional breakdown”. The Sarkaria Commission in 1983 recommended it only be used in extreme cases. The Supreme Court in the landmark 1994 Bommai vs Union of India case, dealing with Article 356 outlined strict guidelines on dealing with the dismissal of a state government. For one, it made it mandatory for a no-confidence motion to be passed in the House. “The assessment of the strength of the Ministry is not a matter of private opinion of any individual be he the Governor or the President,” the judgment read. It also made President’s Rule subject to judicial review. But statistics show it continues to be used. According to a Firstpost piece, Article 356 has been imposed on 132 occasions since 1951 with the Congress overwhelmingly using it to dismiss state governments 93 times. As this Scroll piece noted, “The inner voices of unelected governors are, in all respects, a poor constitutional method to judge the support of an elected government. Nehru is often remembered as a great democrat ­– and with good reason. But if one needs to argue the other side, Nehru’s use of Article 356 to further the Congress’s own political needs is good material to do so.” PM slams Nehru-Gandhi family Modi in the Rajya Sabha, replying to the debate on the motion of thanks on the President’s Address, said the BJP-led government at the Centre has stressed on “cooperative, competitive federalism” while also framing policies keeping in mind national progress and regional aspirations. “In Tamil Nadu too, governments of veterans like MGR and Karunanidhi were dismissed by Congress people. Sharad Pawar’s government was toppled too. We have seen what happened with NTR when he was in the US for treatment and attempts were made to topple his government. This was the evel of Congress’ politics. They troubled every regional leader,” he added. Modi also took pot-shots at Nehru-Gandhi family over several schemes and places named after their members and asked “why people from their generation don’t keep Nehru as their surname”. “Some had problems with the names of schemes of govt and Sanskrit words in the names. I read in a report that 600 government schemes were in the Gandhi-Nehru family’s name…I don’t understand why people from their generation don’t keep Nehru as their surname, what’s the fear & shame?” he said. Modi, who was repeatedly cheered by BJP members, said that the country is made from the common man’s sweat and courage and is not “any family’s property”. “Some people will have to understand that this centuries-old country is a country made from the common man’s sweat and courage. This country is not any family’s property. We named the Khel Ratna award after Major Dhyan Chand. We named the islands in Andaman after Netaji. We are proud. There are some who do not leave an opportunity to demean the Army, we named islands after the recipients of Param Vir Chakra. This is our dedication. You have problems with it which is visible,” he said. With inputs from agencies Read all the  Latest News ,  Trending News ,  Cricket News ,  Bollywood News ,  India News  and  Entertainment News  here. Follow us on  Facebook,  Twitter and  Instagram.