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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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President's Rule 1

President's Rule 1

Chapter:
(p.258) 42 President's Rule1
Source:
CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTS
Author(s):

A.G. Noorani

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195678291.003.0052

This chapter provides a discussion on Indira Gandhi return to power in January 1980 and the new political climate that began when she set about planting favourites in key places to perform hatchet jobs there. In 1993, a nine-member bench of the Supreme Court was set up to consider the ambit of Article 356 of the Constitution anew. Article 356 is based on Section 93 of the Government of India Act 1935, which provided for 'governor's rule' in the provinces just as Section 45 provided for the governor-general's rule at the centre. If Article 356 is to be retained, it must be amended to include stringent safeguards against its abuse. The governor can write to the chief minister as any head of state can to the head of government, but a notice envisaging central rule must come from the centre alone and should be sent directly to the State government, not through the governor.

Keywords:   Indira Gandhi, Supreme Court, Article 356 of the Constitution, Government of India Act 1935, governor's rule, State government

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