Under which of the articles the president rule can be imposed in any state in failure of constitutional machinery?

Under Article 356 of the Constitution of India, if a state government is unable to function according to Constitutional provisions, the Union government can take direct control of the state machinery.

What is the power of the President to exercise Article 356 of the Constitution?

(1) Article 356 of the Constitution confers a power upon the President to be exercised only where he is satisfied that a situation has arisen where the Government of a State cannot be carried on in accordance with the provisions of the Constitution.

What are the emergency provisions relating to the failure of the constitutional machinery in the States?

Failure Of Constitutional Machinery In State President can declare emergency either by the report of Governor or he himself is satisfied that the situation is such that the emergency has to be imposed. But at times, President may declare emergency when a report is not received from the governor.

What is the constitutional remedy if there is a breakdown of constitutional machinery of a state?

“If there is no compliance with our order, it is complete breakdown of constitutional machinery. If this is the condition, we might then have to direct the government to impose President’s rule in the state,” the bench was reported as having said.

What is meant by failure of constitutional machinery in state?

“failure of constitutional machinery”. On the other hand, the words used are similar to those occurring in. article 355, namely, “a situation has arisen in which the government of the State cannot be carried on in. accordance with the provisions of this Constitution”.

What is failure of constitutional machinery in States?

Article 365 of Indian Constitution deals with the breakdown of constitutional machinery. According to Article 356, Failure of Constitutional Machinery is demarcated as the situation in which a state cannot be carried on in accordance with the provisions laid in the Constitution.

Is the President of India exercise his power as provided under article 356 of the Constitution in respect of a particular state then?

If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then. the Assembly of the State is automatically dissolved. the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.

Which is correct statement of Article 356 of Indian Constitution?

Article 356 of the Constitution of India gives the President of India the power to suspend state government and impose the President’s rule in any state of the country if “if he is satisfied that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the …

What happens if emergency is declared in India?

During a national emergency, many Fundamental Rights of Indian citizens can be suspended. The six freedoms under Right to Freedom are automatically suspended. By contrast, the Right to Life and Personal Liberty cannot be suspended according to the original Constitution.

What is emergency briefly mention the emergency provisions mentioned in the Constitution?

Emergency Provisions are contained in Part Eighteen of the Constitution of India. The President of India has the power to impose emergency rule in any or all the Indian states if the security of part or all of India is threatened by “war or external aggression or armed rebellion”.

What is a constitutional breakdown?

In the body, elaborate up on, the expression “breakdown of constitutional machinery” has not been defined in the Constitution and can happen due to political reasons such as hung assembly, the government losing majority in the assembly, failure of any political grouping to form a government, defections and break-up of …

When the constitutional machinery in the state fails who takes over all the functions and powers?

The Union government can take over a State government under article 356 of the Constitution of India through Presidential proclamation if a situation has arisen in which the government of that State cannot be carried on in accordance with the provisions of the Constitution.