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Article 356 of the Constitution - A Boon or a Bane to Federalism?

By Dr. G. Kameswari

Published In

AIR 1999

Article 356 had posed and is still posing a perpetual threat to the elected Governments of States. Though the object with which the provision was included in the Constitution is salutary, it has been grossly abused by various Union Governments at the Centre. Article 355 of the Constitution imposes an obligation on the Union to protect the States against external aggression and internal disturbances and to see that the governance of the State is carried on it accordance with Constitutional provisions. The Constitution also confers powers on the Union to issue directions to the States in order to prevent abuse of authority and autonomy given to the States under the Constitution. When any State fails to comply with or give effect to any direction given by the Union, it shall be lawful for the President under Article 356 to hold that a situation has arisen in which the Government of the State cannot be carried on as per constitutional provisions. This leads to the introduction o ....

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