Context:

The order of the Andhra Pradesh High Court in December 2020, directing the Andhra Pradesh government to come prepared to argue on the ‘breakdown of constitutional machinery in the state’ has been found ‘disturbing’ by the Supreme Court.

Article 356

• The power to decide whether there is a constitutional breakdown in any State that calls for the imposition of the President’s rule rests entirely in the ‘Executive’ under Article 356 of the Constitution.
• Article 356 of the constitution – dealing with provisions in case of failure of constitutional machinery in a state – begins under sub-clause (1) as follows:
• If the President, on receipt of a report from the Governor of the 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 by proclamation, assume to himself…”
  • Assume to himself all or any of the functions of the Government of the State
  • Declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament”
• The determination of the breakdown of constitutional machinery may be done by the President at any time, either upon receipt of a report from the Governor, or Suo Motu. If approved by both the houses, the President’s Rule, as it is most commonly called, can continue for 6 months.
• It can be extended for a maximum of 3 years with the approval of the Parliament.
• Comparison of 3 types of Emergencies.