Article 356 Prone to Misuse, Admits Pranab

Legal wrangle over the imposition of President’s rule in Arunachal found resonance in President Pranab Mukherjee’s memoirs.

NEW DELHI: The legal wrangle over the imposition of President’s rule in Arunachal found resonance in President Pranab Mukherjee’s memoirs. Mukherjee admits in his book that the Act itself (Article 356) was prone to misuse though over the years it had acquired safeguards.

After the 44th Amendment to the Constitution, President’s rule can be imposed for only one year now, subject to approval of both Houses of Parliament within two months of proclamation. Mukherjee cited a landmark Supreme Court judgment: “The President could not take any irreversible action under clauses A, B and C of Article 356 (1) — which means that the State Legislative Assembly cannot be dissolved till the proclamation is approved by both Houses of Parliament”. The softening of the powers to declare President’s rule notwithstanding, critics continued to suggest a unitary bias in our federal structure, he writes.

Meanwhile, former Arunachal CM Tuki on Thursday filed a fresh petition in the apex court challenging the promulgation of President’s rule in the state. The Governor also submitted his report, on the basis of which President’s rule was imposed, to the court in a sealed cover.

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