( ISSN 2277 - 9809 (online) ISSN 2348 - 9359 (Print) ) New DOI : 10.32804/IRJMSH

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COMPARATIVE STUDY OF ART. 356 OF THE CONSTITUTION AND EXECUTIVE DISCRETION WITH CANADA

    2 Author(s):  JASVIR , PARVINDER

Vol -  4, Issue- 2 ,         Page(s) : 161 - 184  (2013 ) DOI : https://doi.org/10.32804/IRJMSH

Abstract

Article 356 of the Indian Constitution has acquired quite some notoriety due to its alleged misuse. The essence of the Article is that upon the breach of a certain defined state of affairs, as ascertained and reported by the Governor of the State concerned (or otherwise), the President concludes that the 'constitutional machinery' in the State has failed. Thereupon the President makes a 'Proclamation of Emergency,' dismissing the State Legislature and Executive. During a state of emergency, the President is vested with tremendous discretionary powers. Any legislation or constitutional provision that abrogates any of the basic principles of democratic freedom is anathema to most people and the more so to the people of the largest democracy in the world.

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Books
1. H.M. Seervai  Constitutional Law of India (Universal Publication)
2. M.P. Jain Indian Constitutional Law ( 5th Edn. 2004 Wadhwa Nagpur)
3. Dr. Durga Das Basu Comparative Constitutional Law (13nd Edn. 2000 Wadhwa Nagpur)
4. Constitutional Assembly Debates
5. Peter Hogg Constitutional Law of Canada (1992)
6. Rajiv Dhavan President’s Rule in The State (1979)
7. Subhash C Kashyap Our Constitution (4th Edn. 2005 NBT India)

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