Chapter

President's Rule<sup>1</sup>

A.G. Noorani

in CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS

Published in print January 2006 | ISBN: 9780195678291
Published online October 2012 | e-ISBN: 9780199080588 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780195678291.003.0052
President's Rule1

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This chapter provides a discussion on Indira Gandhi return to power in January 1980 and the new political climate that began when she set about planting favourites in key places to perform hatchet jobs there. In 1993, a nine-member bench of the Supreme Court was set up to consider the ambit of Article 356 of the Constitution anew. Article 356 is based on Section 93 of the Government of India Act 1935, which provided for 'governor's rule' in the provinces just as Section 45 provided for the governor-general's rule at the centre. If Article 356 is to be retained, it must be amended to include stringent safeguards against its abuse. The governor can write to the chief minister as any head of state can to the head of government, but a notice envisaging central rule must come from the centre alone and should be sent directly to the State government, not through the governor.

Keywords: Indira Gandhi; Supreme Court; Article 356 of the Constitution; Government of India Act 1935; governor's rule; State government

Chapter.  2915 words. 

Subjects: Constitutional and Administrative Law

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