The Power Struggle Between The Centre And The States: The Examination Of Emergency Provision (Article 356)

Publication Information

Journal Title: Indian Politics & Law Review
Author(s): Pearl Yadav
Published On: 15/07/2021
Volume: 6
First Page: 233
Last Page: 242
ISSN: 2581-7086
Publisher: The Law Brigade Publisher

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Cite this Article

Pearl Yadav, The Power Struggle Between The Centre And The States: The Examination Of Emergency Provision (Article 356), Volume 6, Indian Politics & Law Review, 233-242, Published on 15/07/2021, Available at https://iplr.thelawbrigade.com/article/the-power-struggle-between-the-centre-and-the-states-the-examination-of-emergency-provision-article-356/

Abstract

This research paper has been written with the aim to examine the emergency provision imposed on states under Article 356 of the Indian Constitution, also known as the President’s rule.

The examination of the provision will be done through the route of understanding the genesis and the concept of the federal structure of the Indian state and then proceeding on to the brief description of the distribution of power between the Centre and the States.

After the basic understanding of the Indian federal structure the emergency provisions mentioned in the Indian Constitution will be discussed with a specific focus on President’s rule mentioned under Article 356.

This paper will deliberate the misuse of the above-mentioned article by the Centre to establish political dominance in the case of an opposition party government in a particular state.

Keywords: Article 356 of the Indian Constitution, Emergency Powers, President’s Rule

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