The power to dissolve the Legislative Assembly can be considered implicit in clause (1) of Article 356. It must be held, with regard to the overall constitutional framework, that the President shall exercise this power only after the Proclamation is approved by both Houses of Parliament under clause (3), and not before such approval.

The President can only suspend the Legislative Assembly under sub-clause (c) of clause (1). The dissolution of the Legislative Assembly should be resorted to only when it is found necessary for achieving the purpose of the Proclamation.

Clause (3) of Article 356 is conceived as a check on the President's power and acts as a safeguard against abuse. In case both Houses of Parliament disapprove or fail to approve the Proclamation, it lapses at the end of the two-month period. In such a case, the dismissed government is revived, and the Legislative Assembly, which may have been kept in suspension, gets reactivated. Since the Proclamation lapses and is not retrospectively invalid, the acts done, orders made, and laws passed during the two-month period are not considered illegal or void. They are, however, subject to review, repeal, or modification by the Legislative Assembly or other competent authority.

However, if the Proclamation is approved by both Houses within two months, the dismissed government does not revive after the expiry of the Proclamation period or its revocation. Similarly, if the Legislative Assembly has been dissolved after approval under clause (3), the Legislative Assembly does not revive after the expiry of the Proclamation period or its revocation.

Article 74(2) merely bars an inquiry into the question of whether any, and if so, what advice was given by the Council of Ministers to the President. It does not bar the court from requiring the Council of Ministers to disclose to the court the material on which the President formed his satisfaction.

The Proclamation under Article 356(1) is not immune from judicial review. The Supreme Court or the High Court can strike down the Proclamation if it is found to be mala fide or based on wholly irrelevant or extraneous grounds. While the sufficiency of the material cannot be questioned, the legitimacy of the inference drawn from such material is open to judicial review.

If the Court strikes down the Proclamation, it has the power to restore the dismissed government to office and revive and reactivate the Legislative Assembly, wherever it may have been dissolved or kept under suspension.

The dismissal of the government in Madhya Pradesh and Rajasthan was valid, and the imposition of President's rule in these states was constitutional. However, the imposition of President's rule in Nagaland in 1988, Karnataka in 1989, and Meghalaya in 1991 was unconstitutional and therefore liable to be struck down. In these states, however, no action could be taken as elections had subsequently been held, and a new government had been installed, making it impossible to revive the old state assemblies.

The President's power under Article 356 is not absolute or arbitrary. The President cannot impose President's rule in a state at his whim, without reasonable cause.

Written By: S Kundu & Associates
Email: [email protected], Ph No: +9051244073

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• Exercise of Legislative Powers by the Executive under Art.356