Panel to study proposed checks in Article 356
Tribune News Service

NEW DELHI, Dec 19 — The newly constituted standing committee of Inter-State Council today set up a sub-panel to examine afresh proposals for introducing safeguards in invoking Article 356 of the Indian Constitution and presenting a report by January 10 next year.

The council, under the chairmanship of the Prime Minister, Mr Atal Behari Vajpayee, is scheduled to meet here on January 21.

The Union Home Minister, who heads the standing committee of the council, briefing correspondents about the deliberations of today’s meeting, said while there was general observation about "gross abuse in the past’’ of Article 356 leading to the demand by some for its abrogation most agreed for inclusion of safeguards.

Mr Advani said the sub-committee would comprise the Chief Ministers of Andhra Pradesh, Orissa and Uttar Pradesh and the Finance Minister of West Bengal with Defence Minister George Fernandes as its convener.

"The sub-committee will consider all earlier deliberations on the issue and discussions held today and make its recommendations by January 10,’’ Mr Advani said at the end of a more than five-hour-long meeting today.

It may be recalled that during the previous United Front regime, a set of proposals on safeguards were deliberated but no consensus had emerged. The issue was put on the hold by the then Prime Minister, Mr Inder Kumar Gujral, in his capacity as Chairman of the council, last year.

Today’s meeting also discussed emergency provisions under Article 355 and amendments in guidelines and the procedure of the council and report on implementation of the recommendations of Sarkaria Commission already approved by the council.

Mr Advani described today’s meeting as "useful and valuable and held in an atmosphere in which everyone tried to understand the other’s point of view. Divergence of opinion on issues was also there,’’ he said.

Regarding Article 355, Mr Advani said the Constitution cast some responsibility on the centre vis-a-vis the protection of states.

Mr Advani said West Bengal had objected sending a Central team to study the law and order situation in the state, stating that it was strictly the domain of the state government.

The Home Minister also said the BJP-led coalition wanted the council to be more purposeful and contribute to strengthening the democracy and federal structure of the country. "Today’s deliberations make me confident’’ he said.

On procedures for implementation of recommendations already approved, the meeting decided that from now on whenever a decision was arrived at by the council, the ministry concerned would have to send action taken report within three months.

It was said overall the council had approved 247 recommendations of which 91 had been processed, five rejected, 36 implemented and about 50 were being processed.

Today’s meeting was attended by five of the six Cabinet Ministers, including Mr Advani, the Defence Minister, Mr George Fernandes, the Chemicals and Fertilisers Minister, Mr Surjit Singh Barnala, the Finance Minister, Mr Yashwant Sinha and the Law Minister, Mr Thambi Durai.

Four Chief Ministers — Mr P.K. Mahanta of Assam, Mr J.B. Patnaik, Orissa, Dr Farooq Abdullah of Jammu and Kashmir, and Mr Kalyan Singh, Uttar Pradesh, Finance Ministers of Andhra Pradesh and West Bengal, Mr Ashok Gajapati Raju, Mr Asim Dasgupta, respectively, and the Law Minister of Tamil Nadu also took part.

Text of Article 356

The following is the complete text of Article 356 of the Constitution of India. It has footnotes linked from numerals in red.

Provisions in case of failure of constitutional machinery in States. — (1) If the President, on receipt of report from the Governor 1 [***] of a State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation—

(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor 2[***] or anybody or authority in the State other than the Legislature of the State;

(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;

(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to anybody or authority in the State.

Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.

(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.

(3) Every Proclamation issued under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament.

Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.

(4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of 3[six months from the date of issue of the Proclamation]:

Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of 4[six months] from the date on which under this clause it would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force for more than three years:

Provided further that if the dissolution of the House of the People takes place during any such period of 4[six months] and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People.

5[Provided also that in the case of the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab, the reference in the first proviso to this clause to "three years" shall be construed as a reference to "three years and six months".]

6[(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such Proclamation shall not be passed by either House of Parliament unless—

(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and

(b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned:]]

7[Provided that nothing in this clause shall apply to the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab.]

1. The words "or Rajpramukh" omitted by the Constitution (Seventh Amendment) Act, 1956, S. 29 and Sch.
2. The words "or Rajpramukh, as the case may be" omitted by S. 29 and Sch., ibid.
3. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, S. 38 for "one year from the date of the passing of the second of the resolution approving the Proclamation under clause (3)" (w.e.f. 20.6.1979). The words "one year" were subs. for the original words "six months" by the Constitution (Forty-second Amendment) Act, 1976, S. 50.
4. Subs. by the Constitution (Forty-fourth Amendment) Act, 1978, S. 38, for "one year" (w.e.f. 20.6.1979). The words "one year" were substituted for the original words "six months by the Constitution (Forty-second Amendment) Act, 1976, S. 50.
5. Ins. by Constitution (Sixty-fourth Amendment) Act, 1990.
6. Ins. by the Constitution (Thirty-eighth Amendment) Act, 1975, S. 6 (retrospectively).
7. Proviso inserted by Constitution (Fifty-ninth Amendment) Act, 1988 omitted by the Constitution (Sixty-third Amendment) Act, 1989 (w.e.f. 6.1.1990) and same proviso inserted by the Constitution (Sixty-fourth Amendment) Act, 1990, S. 3.