Question.
Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since the mid-1990s.
(UPSC 2023 General Studies Paper 2 (Main) Exam, Answer in 150 words)
Answer.
In case of " Failure of constitutional machinery", Article 356 of the Indian constitution empowers the President to impose President's rule in a state and assume direct control.
The reduced frequency of using Article 356 by the Union Government since the mid-1990s is attributed to the combination of legal and political factors.
The following are some factors-
Judicial Scrutiny ( Landmark Judgments) :
Bommai case (1994), established guidelines and limitations on the imposition of the President's rule and use of Article 356, making it more difficult for the Union Government to misuse this provision for political reasons.
Coalition Government:
Since the mid-1990s, there has been an increase in coalition governments at the center. Political dynamics and the need for coalition partners led to more cautious approaches to using Article 356.
Emphasis on Federalism, and political awareness:
The imposition of the President's rule is seen as a departure from the spirit of cooperative federalism. An increase in political awareness to common people discourages the use of Article 356.
International Image:
Frequent use of Article 356 undermines India's democratic values at the international level.
In summary, judicial scrutiny, changing political nature, and mature political culture have collectively contributed to the reduced frequency of using Article 356 by Union Governments since the mid-1990s.
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