Core Demand of the Question
- Write legal factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid-1990s
- Write political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid-1990s
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Answer
Article 356 empowers the President to suspend state government and impose President’s Rule in states in case of constitutional breakdown. However, its usage has significantly declined since the mid-1990s due to various legal and political factors.
Legal Factors responsible for the reduced frequency of using Article 356
- Judicial Pronouncements: S.R. Bommai Case (1994) established that the President’s power to dissolve a state assembly is subject to judicial review. It also set clear conditions for invoking Article 356, ensuring its judicious use.
- Doctrine of Constitutional Mandate: Courts have reinforced federalism, advocating for state autonomy and a restrained application of Article 356.
- Sarkaria and Punchhi Commission: Both emphasized restrictive use of Article 356—the former to uphold cooperative federalism, and the latter to reinforce democratic governance and federal balance.
- Stricter checks: Nabam Rebia Case (2016) reinforced judicial scrutiny over presidential discretion by nullifying President’s Rule in Arunachal Pradesh.
Political Factors Responsible For the Reduced Frequency of Using Article 356
- Coalition Politics: The emergence of coalition politics has nurtured collaborative governance, reduced the impulsive application of Article 356 and promoted political harmony.
- Public Perception and Media: Media scrutiny and an informed public opinion have emerged as substantial deterrents against the arbitrary usage of Article 356, holding the government accountable and fostering democratic principles.
- Regional Party Strength: The rise in the influence of regional parties has cultivated a balanced power dynamic, thereby reducing the inclination to invoke Article 356 unnecessarily.
- Political Maturity: India has witnessed an evolution towards a more mature political environment, where stability and governance take precedence over power struggles, encouraging adherence to constitutional norms.
- International Image: The desire to maintain a democratic image has influenced the Union governments to adhere to constitutional norms and principles.
Thus, over the years, the prudent legal interventions coupled with the evolved political climate have been instrumental in reducing the frequency of invoking Article 356, fostering a harmonious and balanced governance structure. This showcases a mature and evolving democracy that is working progressively towards fulfilling the envisioned ideals of its Constitution.
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