From BJP to Congress, the shifting stands on use, abuse of Article 356

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The BJP itself used to be very vocal against misuse of the provision. Its manifesto in 1998 had said, “Abuse of constitutional provisions like Article 356 and the misuse of Raj Bhawans as extension counters of the ruling party at the Centre have defiled the sanctity of the country’s Constitution.”

Jaitley’s speech came while initiating the debate on commitment to India’s Constitution on November 27. “How many times in the first 40 years, when we almost had a one-party rule at the Centre, Article 356 was used against the states? The moment we realise the high importance of federal politics and the federal character of India, you had coalition governments; you had regional parties emerging; you had regional parties becoming extremely important part of central governments. This had led to the strengthening of federalism and that is why, we now proudly use words like ‘cooperative federalism’ and one great aspect of it has been that after misusing it several times during one-party rule at the Centre, the misuse of Article 356 in India has gradually been phased out,” Jaitley said.

“And, therefore,” he added, “these days the fears of Article 356 being violated repeatedly or repeatedly being used against the states have disappeared… I think the judiciary played an important role. I think the emergence of regional parties as part of the central government played a role, and the fact that this misuse is counterproductive, also played a role.”

Since the Constitution was adopted, the provision has been used by the Centre to assume control over the states over 100 times, most often by the Congress. Article 356 served as a political weapon for the Indira Gandhi government in the 1960s and 1970s when the Congress’s dominance in states declined and regional parties began to form governments.

Until 1959, Jawaharlal Nehru’s government had used the article six times, including to dislodge the first ever elected Communist government in Kerala in 1959. In the 1960s, it was used 11 times. After Indira came to power in 1966, Article 356 was used seven times between 1967 and 1969 alone.

The 1970s were more politically turbulent. Between 1970 and 1974, President’s rule was imposed 19 times. Post emergency, the Janata Party government used it in 1977 to summarily dismiss nine Congress state governments. When Indira returned to power in 1980, her government too imposed President’s rule in nine states.

“The propriety of this wholesale use of Article 356, in 1977 and again in 1980, has been widely questioned, the judgment of the Supreme Court notwithstanding,” the Sarkaria Commission set up to examine Centre-state relations had observed.

In 1992-93, Prime Minister Narasimha Rao dismissed three BJP governments in the wake of the demolition of Babri Masjid, besides Kalyan Singh’s government in UP.

Landmarks:

9 times in 1977

Janata Party govt dismisses 9 Congress state govts — Bihar, Haryana, Himachal, Karnataka, MP, Orissa, Punjab, Rajasthan, UP.

9 Times in 1980

Indira govt dismisses 9 non-Congress govts — Bihar, Gujarat, Maharashtra, MP, Orissa, Punjab, Rajasthan, Tamil Nadu, UP.

4 years 8 months

Punjab has had the longest spell of President’s rule yet — during 1987-92. This is apart from the 6 years 8 months during 1990-96 in Jammu & Kashmir — where Governor’s rule was imposed. Both spells were due to militancy.

10 times

Manipur has had President’s rule the highest number of times, followed by UP 9 times, and Bihar and Punjab 8 times each.

Just once

Delhi, 2014-15, after Arvind Kejriwal quit. Once each also in the erstwhile states of Mysore, Travancore-Cochin, Patiala & East Punjab States Union, and Vindhya Pradesh.

Not yet

Telangana; President’s rule on Andhra is lifted from Telangana the day the latter becomes a state.