ROLE OF JUDICIARY ON PRESIDENTIAL RULE

Abstract

The Constitution of India is an instrument that provides for a federal set-up in the country and also specifies definite functions for central and state government. The jurisdiction of central and state government with regard to the law-making process has been explicitly mentioned in Schedule 7 of the Constitution. However, there are certain circumstances through which the central government can enter the jurisdiction of states and the Presidential proclamation of emergency is one of them. The President of India can overtake the legislative and executive power of the state by imposing the emergency in a state in case of “failure of Constitutional machinery”. Article 356 states that “If the President, on receipt of 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 be Proclaim emergency in a state”.