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UPSC MainsGeneral Studies Paper IIIndian PolityPractice question

Breakdown of Constitutional Machinery and Its Effects

Discuss the meaning of "breakdown of constitutional machinery". What are its effects?

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How to approach

Begin by defining the concept of the 'breakdown of constitutional machinery' using Articles 355, 356, and 365. Next, analyze the executive, legislative, and judicial impacts of this breakdown. Conclude with judicial safeguards and commission recommendations to prevent its misuse.

Model answer

428 words

Introduction

The 'breakdown of constitutional machinery' refers to a state of affairs where the governance of a State cannot be carried on in accordance with the provisions of the Constitution of India. It forms the constitutional basis for the proclamation of President's Rule under Article 356.

Constitutional Basis and Meaning

The concept operates through an inter-linked constitutional triad:

  • Article 355: Entrusts the Union with the duty to protect every State against external aggression and internal disturbance, and to ensure that the government of every State is carried on in accordance with the Constitution.
  • Article 365: Provides that if a State fails to comply with or give effect to any administrative directions given by the Union, it is lawful for the President to hold that a situation has arisen in which the government of the State cannot be carried on in accordance with the Constitution.
  • Article 356: Empowers the President, on receipt of a report from the Governor or otherwise, to issue a proclamation imposing President's Rule if satisfied that governance cannot be carried on constitutionally.

Effects of the Breakdown

The imposition of President's Rule following the breakdown alters the constitutional balance across the three organs of government:

  • Executive Impact: The State Council of Ministers headed by the Chief Minister is dismissed. The President assumes all executive functions of the State government, which are generally exercised by the Governor with the assistance of appointed advisors or the Chief Secretary.
  • Legislative Impact: The State Legislative Assembly is either dissolved or kept under suspended animation. The powers of the State Legislature are declared to be exercisable by or under the authority of Parliament, which also approves the State budget.
  • Judicial Position: The constitutional status, powers, and jurisdiction of the State High Court remain entirely unaffected; the President cannot assume or suspend the powers of the High Court.

Safeguards Against Misuse

  • Judicial Review (S.R. Bommai v. Union of India, 1994): The Supreme Court affirmed that federalism is part of the basic structure. The proclamation is subject to judicial review, the floor test is the only valid mechanism to assess majority, and assembly dissolution is impermissible prior to parliamentary approval.
  • Commission Recommendations: Both the Sarkaria Commission (1988) and the Punchhi Commission (2010) recommended that Article 356 must be invoked only as an ultimate weapon of last resort, after issuing warnings and exhausting all alternatives under Article 355.

Conclusion

The breakdown of constitutional machinery is intended to be a rare remedy to preserve constitutional order rather than a political instrument. Adherence to the S.R. Bommai guidelines and commission recommendations ensures that emergency provisions safeguard cooperative federalism.

Key facts to remember

definition
Breakdown of Constitutional Machinery

A situation where a State government fails to function according to constitutional norms or defies binding Union directives, enabling the invocation of President's Rule under Article 356.

case study
S.R. Bommai v. Union of India (1994)

The Supreme Court placed strict limits on Article 356, making presidential proclamations subject to judicial review, requiring floor tests to determine majority, and declaring federalism a part of the basic structure.

scheme
Article 355 of the Constitution

Imposes a duty on the Union to protect states against external aggression and internal disturbance, and ensure governance conforms to constitutional provisions.

Frequently asked questions

Does the breakdown of constitutional machinery impact the powers of the State High Court?

No. Under Article 356(1), the President cannot assume any of the powers vested in or exercisable by a High Court, nor suspend any constitutional provision relating to High Courts.

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