Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid 1990s.
The dramatic reduction in the frequency of using Article 356 (President's Rule) by Union Governments since the mid-1990s is attributable to a confluence of crucial legal and political factors, marking a significant shift in India's federal dynamics.
Legal Factors:
The most pivotal legal deterrent was the S.R. Bommai vs. Union of India (1994) Supreme Court judgment. This landmark ruling significantly curbed the Centre's arbitrary power under Article 356 by:
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Judicial Review: Making the President's proclamation subject to judicial review, allowing courts to scrutinize the grounds for imposing President's Rule.
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Floor Test: Mandating that the majority of the government should be tested on the floor of the House, not merely based on the Governor's subjective assessment.
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Restoration of Assembly: If the proclamation is struck down by the court, the dissolved legislative assembly is revived, acting as a strong disincentive for misuse.
This judgment effectively institutionalized checks and balances, compelling the Union to act with greater constitutional propriety and solidifying the spirit of cooperative federalism.
Political Factors:
Simultaneously, the political landscape underwent a transformative change:
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Era of Coalition Politics: The mid-1990s ushered in an era of coalition governments at the Centre. Unlike single-party dominance, coalition partners, often regional parties, had stakes in state governments. This made it politically difficult for the Centre to dismiss state governments arbitrarily without risking internal dissent or withdrawal of support.
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Rise of Regional Parties: Regional parties gained immense political clout, becoming powerful voices advocating for state autonomy. Any perceived misuse of Article 356 would invite fierce resistance and electoral backlash.
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Increased Scrutiny: Enhanced media vigilance and public awareness made it harder for the Centre to justify undemocratic interventions, making such actions politically costly.
These intertwined legal safeguards and evolving political realities have compelled Union governments to exercise greater restraint, thereby strengthening India's federal structure and decentralized governance.
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