Understanding Constitutional Provisions for State Emergency in India

The question asks about the specific article in the Indian Constitution that deals with the failure of constitutional machinery in the states of the Union of India. This situation is commonly referred to as 'President's Rule' in a state.

When the constitutional machinery in a state fails, it means that the government of the state cannot be carried on in accordance with the provisions of the Constitution. The Constitution provides a specific mechanism to handle such an extraordinary situation to ensure the governance of the state continues.

Identifying the Relevant Article for Failure of Constitutional Machinery

The Indian Constitution contains provisions for different types of emergencies, including a situation where the constitutional government in a state collapses. This particular provision is found in one of the articles related to Emergency Provisions.

Let's examine the given options to determine which article addresses the failure of constitutional machinery in states.

Analysis of the Options

• Article 358: This Article deals with the suspension of the provisions of Article 19 during a Proclamation of National Emergency (under Article 352). It is related to fundamental rights during a specific type of emergency, not the failure of state constitutional machinery.
• Article 356: This Article deals with the provisions in case of failure of constitutional machinery in States. It states that if the President, on receipt of a report from the Governor 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 issue a Proclamation. This Proclamation leads to the imposition of President's Rule in the state.
• Article 354: This Article deals with the application of provisions relating to the distribution of revenues while a Proclamation of Emergency (under Article 352) is in operation. It concerns financial aspects during a national emergency, not the failure of state constitutional machinery.
• Article 352: This Article deals with the Proclamation of National Emergency. It is invoked when the security of India or any part of its territory is threatened by war, external aggression, or armed rebellion. It is distinct from the failure of constitutional machinery in a state.

Based on the analysis, Article 356 is the specific constitutional provision that addresses the failure of constitutional machinery in the States of the Union of India.

Revision Table: Key Emergency Articles

Additional Information on President's Rule (Article 356)

When a Proclamation under Article 356 is issued:

• The President may assume to himself all or any of the functions of the Government of the State.
• The powers of the State Legislature may be declared to be exercisable by or under the authority of Parliament.
• The President may make incidental and consequential provisions necessary for giving effect to the objects of the Proclamation.
• A Proclamation issued under Article 356 is subject to parliamentary approval. Initially, it remains in force for two months unless approved by both Houses of Parliament. After approval, it can continue for six months, and with further parliamentary approvals, it can extend up to a maximum period of three years, subject to certain conditions.

Understanding Article 356 is crucial for comprehending the emergency provisions related to states in the Indian Constitution.