CONSTITUTION & ARTICLE 356

DR FAIZAN MUSTAFA 

The book traces, analyses and examines various dimensions of Article 356 which has become one of the most hotly debated topic of Indian Constitution. It discusses the idea of constitutionalism i.e. limited government and tries to demonstrate that by conferring too much power in the central government, Article 356 violates the most fundamental principle of the Constitution. It examines the concept of federalism to show that article 356 will continue to create tensions between the centre and states. The book also discusses the origin of article 356 and the deliberations in the Constituent Assembly on this issue are critically examined. The book analyses the use and abuse of article 356 by the successive central governments. The book gives a legal analysis of various expressions used in article 356. The book also discusses the response of Indian judiciary on the issue and critically examines recent judicial pronouncements on this vital issue.

It is hoped that the book will be of immense use and help to lawyers, judges, teachers, researchers and students.

Contents:   TABLE OF CASES 

CHAPTER- I CONSTITUTION & CONSTITUTIONALISM 1.Constitutionalism in Historical Retrospect    2.Constitutionalism in Ancient Period3.Constutionalism in Medieval Period 4.Constitutionalism in Modern Period 5.Meaning of the Constitution  6.Reasons of Framing a Constitution 7.Absence of Constitution in Britain 8.Supremacy of Constitution 9.Contents of the Constitution 10.Classification of the Constitution 11.Interpretation of the Constitution 12.Constitutional Review in India

CHAPTER – II  FEDERALISM  1.Meaning of Federalism  2.Choices of Federalism 3.Pre-requisites of federal Government 4.Desire for National Government 5.Desire for substantially independent regional governments 6.Capacity of co-ordination between the National and Regional Governments Essential features of federal system  7.Written Constitution 8.Rigidity 9.Division of Powers  10.Independence of Judiciary  (E) Federalism in India 1.Opting for federalism  2.Reasons for Adopting Federal Polity 3.Federalism and Indian Constitution 4.National Interest   5.Agreement between States 6.Emergency Provisions  7.Implementation of International Agreements 8.Domination of Central Executive 9.The Distribution of Revenues 10.Indian Federalism: view of the Apex Court

CHAPTER – III  ORIGIN OF ARTICLE 356 & CONSTITUENT ASSEMBLY DEBATES1.Origin of Article 356    2.Constituent Assembly Debates & Power to Impose President's Rule in States 3.Establishment & Composition of the Constituent Assembly 4.Deliberations in the Constituent Assembly on Article 356

CHAPTER – IV  USE & ABUSE OF ARTICLE 356  1.The Nehru & Shastri Era 2.The Period of Mrs. Indira Gandhi  3.Imposition of President’s Rule in the situation of political confusion 4.Imposition of President’s Rule due to absence of clear verdict in the elections 5.Imposition of President’s Rule due to the loss of majority 6.Political Confusion 7.Janta Party Experience & Mass Dissolution 8.Return of Mrs. Gandhi and repetition of Mass Imposition of President’s Rule 9.Rajeev Gandhi Era 10.Use of Article 356 under Janta Dal & P.V. Narasimha Rao  11.Routine Incidents 12.Demolition of Babri Mosque & the Dismissal of four BJP Governments 13.United Front & Bhartiya Janta Party Experience 14.Recommendation of Governor Romesh Bhandari for the President’s Rule in U.P., 1997 15.Recommendation of Governor Sundar Singh Bhandari for the President’s Rule in Bihar, 1998 16.Imposition of President’s Rule in Goa, 1999 17.Imposition of President’s Rule in Bihar, 1999

CHAPTER – V ARTICLE 356 : AN ANALYSIS 1.Union’s Duty to Protect States 2.Breakdown of Constitutional Machinery in States  3.Satisfaction of the President 4.Governor’s Report  Or Otherwise 5.Government can not be carried on in accordance with the provisions of this Constitution

CHAPTER – VI   JUDICIAL DETERMINATION OF ARTICLE 356 1.Meaning of Judicial Review 2.Origin of Judicial Review 3.Justification of Judicial Review 4.Judicial Review in Indian Constitution 5.Judiciary & President's Rule in States 6.High Courts Decisions prior to Mass Dissolution Case7.Supreme Court Decision on Mass Dissolution of State Assemblies 8.Judicial Assertiveness and S.R. Bommai Case (iv) Judicial Activism & High Court Decisions in post Bommai era  1.Judicial Assertiveness & S. R. Bommai Case 2.Judicial Activism & High Courts Decisions in Post Bommai Case     CHAPTER- VII  CONCLUSION  BIBLIOGRAPHY

APPENDIXES   Appendix-I        Constituent Assembly Debates on Federalism   Appendix-II   Constituent Assembly Debates on Article  Appendix-III   President’s Rule in States

The Author :Dr. Faizan Mustafa is a young scholar of great promise. He is presently working as Associate Professor in the Faculty of Law of Aligarh Muslim University. Dr. Mustafa has brilliant academic record with a Gold Medal at LL.M. He also has a diploma in International & Comparative Human Rights from International Institute of Human Rights, Strasbourg, France. He has authored four books and contributed a large number of articles in leading law journals of India and abroad. One of his article has been quoted by the Indian Supreme Court in its decision on "right to die".

Dr. Mustafa has participated in number of National and International conferences and has visited a large number of counties. He is also actively associated with the Human Rights Movement and was invited for consultation on "Draft Asian Human Rights Charter" by the Asian Human Right Commission, Hong Kong.

Dr. Mustafa has been offered visiting professorship in number of institutions and has been appointed as the Director, International College of Law & Business Administration, Ajman, U.A.E. He has also been offered full Professorship in Ethiopia.

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