GS 2 · 2023Indian Polity10 Marks

Q17.Account for legal and political factors responsible for the reduced frequency of using article 356 by the union government mid-1990s.

Directive: Account for10 marks

Introduction

Article 356, enabling President's Rule, was frequently misused to dismiss state governments. Its reduced application post-mid-1990s stems from significant legal and political shifts.

Legal Factors

  • S.R. Bommai v. Union of India (1994) judgment: Mandated judicial review of proclamations, required parliamentary approval, and emphasized the floor test for assessing majority.

Political Factors

  • Rise of Coalition Politics: Post-1990s, coalition governments at the Centre reduced single-party dominance, making arbitrary imposition politically difficult due to reliance on regional allies.
  • Assertive Regional Parties: Stronger regional parties, often part of ruling coalitions, acted as checks against central overreach.
  • Federal Consciousness: Growing demand for state autonomy created political pressure against central interference.
  • Commission Recommendations: Reports like Sarkaria (1988) and Punchhi (2010) built political consensus against misuse.
  • Fear of Backlash: Past misuses led to public and political condemnation, making Union governments more cautious.

Conclusion

These combined legal safeguards and evolving political dynamics have fostered a more balanced federal structure, ensuring Article 356 is now a measure of last resort.

156 words · target ~150