Clause or otherwise in Article 356
By
Nilay Vipinchandra Anjaria
Article 356 (1) of the Constitution empowers the President to promulgate the President's rule in any State when he is satisfied that the Government of a State cannot be carried on in accordance with the provisions of Constitution. The satisfaction of the President contemplated in this article may derive its source either from the report of the Governor of the State or otherwise. The recent imposition of President's rule in the State of Tamil Nadu was not pursuant to Governor's report, but followed by invocation of 'or otherwise' clause under which the President acted suo motu. It is probably the first time that this clause has been brought into play.
The framing fathers of our Constitution desired the provision of Article 356 to remain a dead-letter and wanted that it is used only as a last resort. However, the wishes of the makers of the Constitution have been reciprocated by our post-independent leaders by employing this Article more than 75 times in 40 years. The real unf ....