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Article 356
Article 356 carries the marginal heading \"Provisions in case of failure of constitutional machinery in States\". But neither clause (1) nor for that matter any other clause in the article employs the expression \"failure of constitutional machinery\".
Article 356 carries the marginal heading "Provisions in case of failure of constitutional machinery in States". But neither clause (1) nor for that matter any other clause in the article employs the expression "failure of constitutional machinery".
On the other hand, the words used are similar to those occurring in article 355, namely, "a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution".
If the President is satisfied that such a situation has arisen, whether on the basis of a report received from the Governor of the State or otherwise, he may, by proclamation:
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament; (c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State: Provided that nothing in this clause shall authorize the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts."
Clause (2) says that such a Proclamation may be revoked or varied by a subsequent Proclamation.
Clause (3) says that every Proclamation shall cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament.
Clause (4) provides that such a Proclamation, unless revoked, ceases to operate on the expiration of a period of six months from the date of issue of the Proclamation. The proviso to clause (4), however, empowers such Proclamation to be extended beyond six months subject to the approval of Parliament for a further period of six months at a time subject to an outer limit of three years.
