UPSC CSE 2026 Essay Paper Discussion
GS Paper 2 15 marks · 250w 14 min Medium

Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid 1990s.

Subtopic: Constitution & Polity · Article 356 and Centre–State relations

Model answer outline

How to structure your answer

Introduction → Legal restraints: S.R. Bommai review, floor test, no dissolution before parliamentary approval → Judicial endorsement of Sarkaria–Punchhi guidelines and court reversals (Arunachal, Uttarakhand 2016) → Political restraints: coalition era, regional parties, assertive Presidents → Federalised polity, media and electoral costs → Conclusion
Full model answer

Written within the word limit

257 words · target 250 words · 14 min

Introduction

Article 356 permits President's Rule when a state government cannot be carried on in accordance with the Constitution. Invoked over 125 times — often to dismiss opposition-led governments — its use has fallen sharply since the mid-1990s owing to converging legal and political restraints.

Legal factors

  • S.R. Bommai v. Union of India (1994) made the proclamation judicially reviewable: the Union must justify it with relevant material, a government's majority is tested only on the floor of the Assembly, and the Assembly cannot be dissolved before both Houses of Parliament approve the proclamation.
  • Courts can restore dismissed governments — as happened in Arunachal Pradesh (Nabam Rebia, 2016) and Uttarakhand (2016) — making mala fide impositions legally futile and politically embarrassing.
  • Judicial endorsement of the Sarkaria Commission's guidelines — last resort, prior warning to the state, exhausting all alternatives — converted advisory norms into operative standards, later reinforced by the Punchhi Commission.

Political factors

  • End of single-party dominance: coalition governments at the Centre depended on regional parties, which resist the misuse of Article 356 against states because they govern states themselves.
  • Assertive Presidents — K.R. Narayanan returned Cabinet advice recommending President's Rule in Uttar Pradesh (1997) and Bihar (1998), forcing reconsideration.
  • A federalised polity, alert media and judicial-public scrutiny raised the electoral cost of subverting state mandates.
  • The vocabulary of cooperative federalism made outright dismissal look like an aberration rather than routine statecraft.

Conclusion

Article 356 has moved from partisan instrument to genuine last resort. Vigilance is still needed, however, because discretion has migrated to the Governor's choices in hung assemblies and to the timing of floor tests — the new arenas of Centre–State friction.

Key points

What an examiner expects to see

  • S.R. Bommai (1994): proclamation under Article 356 is judicially reviewable; majority is tested only on the floor of the House; Assembly cannot be dissolved before approval by both Houses of Parliament; courts may restore a dismissed government.
  • Burden lies on the Union to produce relevant material; mala fide or irrelevant grounds invalidate the proclamation.
  • Sarkaria Commission guidelines (last resort, prior warning, alternatives first) received judicial endorsement in Bommai; Punchhi Commission reinforced restraint.
  • Court-ordered restorations in Arunachal Pradesh and Uttarakhand (2016) proved the remedy is real, deterring casual impositions.
  • Coalition era after 1989: regional parties as coalition partners at the Centre raised the political price of using Article 356 against states.
  • Presidential assertiveness — K.R. Narayanan returned Cabinet advice on UP (1997) and Bihar (1998).
  • Frequency collapsed from routine use before the mid-1990s to rare, invariably litigated impositions since.
Examples to use

Concrete cases, schemes and judgments

  • S.R. Bommai v. Union of India (1994) — nine-judge bench on Article 356
  • Nabam Rebia case (2016) — Arunachal Pradesh government restored by the Supreme Court
  • Uttarakhand (2016) — President's Rule quashed, Harish Rawat government restored after floor test
  • President K.R. Narayanan returning Cabinet advice for President's Rule in UP (1997) and Bihar (1998)
  • Sarkaria Commission (1988) and Punchhi Commission (2010) recommendations on Article 356
Keywords / terms

Terminology to weave into the answer

President's Rulefloor testjudicial reviewcooperative federalismmala fide proclamationfailure of constitutional machinery

Share this answer