Dear Editor,
The Supreme Court is hearing a plea by 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 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 mentain national unity and integrity the provision has been misused in most of instances. In S. R Bomai case of 1994 the Suprene Court ruled against its arbitrary use and subjected its validity to judicial review. Article 356 is subjtect of debate once again among fears growing about its misuse repeatidly. 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.
Vijay Kumar and Subash Kumar,
Kishtwar
