The author has attempted an empirical and analytical enquiry into the historical and constitutional backdrop of the incorporation of Article 356 in the constitution of India and how the presidential power has been exercised under the existing countervailing and conflicting power politics-syndrome and socio-economic scenario as represented by a plethora of political parties-national, subnational or regional. In doing so the scholar has tried to assertain the following: whether the inclusion of Article 356 in the Constitution was justified; the scope and ambit of the term ‘failure of the constitutional machinery in a state’; whether the reasons given for the imposition of Article 356 since 1950 were in conformity with constitutional provisions; whether the Parliament and the Judiciary can do anything to remedy the situation; and whether any other solution to the problem of the possible misuse of the article is available, including constitutional amendment barring scrapping of the article. To understand the full and the true import of the frequent exercise of this constitutional power, he has also analysed the political process of the country, the nature and ideology of the national and regional political leadership and the role of Governor and the President.
Written in a lucid, yet scholarly style, the author has earnestly attempted to explore all matters related to the article. He has framed the specific objectives of the study which have been thoroughly analysed and substantially tabulated. The topic has been well classified and chapters are well designed. The author has shown awareness with the available literature on the topic. Skillful use has been made by the author of archival reports, statutes, debates and cases etc. in this work. This timely and relevant study is a rich contribution to the field of Constitutional Law of India and Political Science and has a special relevance in the context of the commission appointed by the Government of India to review the constitution. |
