On what grounds may emergency he proclaimed under Article 356 of the Constitution of India?

 What are the essential prerequisites for a proclamation to be made under Article 356 of the Constitution of India? Is such a proclamation justiciable in a court of law?

Explain what is meant by expression ‘failure constitutional machinery in a State under Article 356 of the Constitution of India’. Which situation will fall and which will not fall within the expression?

Article 356(1) of the Constitution contemplates the provision of emergency in a State in case of the failure of the constitutional machinery in that State. It provides that if the President on receipt of a report from the Governor or otherwise, is satisfied that a situation has arisen in the state in which the Government of the State cannot be carried on in accordance with the provisions on the Constitution, the President may by proclamation-

1. Assume to himself all or any of the functions of the State Government, or the powers of the Governor, or anybody or authority in the State other than the State Legislature.

2. Declare that the powers of the State legislature is to be exercised by the Parliament.

3. Make such incidental provisions as may appear to him to be necessary or desirable for giving effect to the provisions of proclamation; the President may even suspend whole or in part the provisions of the Constitution relating to anybody or authority in the State.

Article 355 imposes an obligation upon the Centre to ensure that each State Government is carried on in accordance with the Constitution, and Article 356 is designed to strengthen the hands of the Centre to discharge this obligation and to protect the States. Accordingly the Centre is empowered to impose emergency not only on the report of the Governor, but also, if the information is received otherwise.

Following are some of grounds which afford the proclamation of emergency under Article 356:

a. No party in the Assembly has a majority in the State legislative Assembly to be able to form the Government.

b. A Government in office loses its majority due to defections or no alternative government can be formed.

c. A government may have majority support in the House, but it may function in a manner subversive of the Constitution. As for example it may promote fissiparous tendencies in the Government.

d. The State Government does not comply with the directions issued by the Central Government under various constitutional provisions.

e. Security of the State may be threatened by a widespread breakdown of law and order in the State.

So far as the justifiability of the proclamation under Article 356 is concerned, in the landmark case of S.R Bommai v. Union of India, AIR 1994 SC 1918 the Supreme Court held that validity of the proclamation issued under Article 356(1), is justiciable on the ground that “whether it was issued on the basis of any material at all, or whether the material was relevant, or whether the proclamation was issued in the mala fide exercise of power, or was based on wholly extraneous considerations or irrelevant grounds.