Sir,
The Supreme Court is hearing a plea by t he Congress against imposition of President’s rule in Arunachal Pradesh. Article 356 of constitution of India is inspired by section 93 of GOI Act 1935 which provided for imposition of Governor rule in a province if the Government can’t be carried in accordance with the provisions of said act. After independence in the first few years Article 356 was invoked only thrice. Between 1975 to 1979 it was invoked 21 times and between 1980 to 1987 it was used 18 times. Since the constitution was adopted the provision has been used by Centre to assume control over States more than 100 times. Though the Article gives power to Central Government to maintain national unity and integrity the provision has been misused in most if instances. In S.R. Bomai case, 1994 the Supreme Court ruled against its arbitrary use and subjected its validity to judicial review. Article 356 is subject of debate once again and amid fears growing about its misuse. Its misuse is against federal and democratic polity of India. High importance should be given to democratic and federal polity of India. The model of cooperative federalism should be followed in letter and spirit. The judiciary should play proactive role to ensure that constitutional provisions are not misused for political gains.
Yours etc…
Vijay Kuamr and
Subash Kumar,
Kishtwar
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