Q.Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid 1990s.

Body (180-200 words)

• Analyze the legal factors (S.R. Bommai judgment, judicial review, constitutional amendments).
• Analyze the political factors (coalition politics, rise of regional parties, media scrutiny, cooperative federalism).
• Conclusion (20 words): Summarize how these factors have strengthened Indian federalism and restricted arbitrary central intervention.

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Body Analysis

Article 356 of the Indian Constitution, which empowers the Union government to impose President's Rule in a state, was frequently misused for political gains in the early decades of the Republic. However, its usage has declined significantly since the mid-1990s. Out of 123 instances between 1952 and 2019, 81 occurred before 1994, with the average frequency dropping from 1.2% to 0.3% post-1994.

Body

Legal Factors Contributing to the Decline

• The S.R. Bommai Judgment (1994): This landmark Supreme Court ruling established that the imposition of President's Rule is subject to judicial review. The Court ruled that:
  • The floor of the Assembly is the sole arena to test a government's majority, not the Governor's subjective opinion.
  • The proclamation can be struck down if found to be mala fide or based on irrelevant grounds.
  • This judgment acted as a powerful deterrent against arbitrary dismissals.
• Strengthened Federalism via Amendments: The 73rd and 74th Constitutional Amendments deepened democratic decentralization, reinforcing the autonomy of state and local governance structures.
• The Nabam Rebia Case (2016): The Supreme Court re-emphasized that Article 356 cannot be used by the center to settle political scores or interfere in intra-party disputes, further strengthening the constitutional safeguards.
• Article 355 Obligations: The judiciary highlighted that the Union's duty under Article 355 is to protect states from external aggression and internal disturbance, implying that the center must assist states before resorting to the extreme step of Article 356.
• Increased Accountability of Governors: The Bommai guidelines mandated that a Governor's recommendation for President's Rule must be backed by objective, verifiable material, making Governors more cautious.

Political Factors Contributing to the Decline

• The Era of Coalition Politics: The mid-1990s marked the rise of coalition governments at the national level. National parties became dependent on regional parties for survival, making the arbitrary dismissal of state governments politically unfeasible.
• Rise of Strong Regional Parties: The growing electoral strength of regional parties increased the political cost of dismissing state governments, as such actions often triggered severe public backlash and electoral losses.
• Public and Media Scrutiny: The expansion of 24/7 news channels and social media platforms has heightened public awareness. Any arbitrary use of Article 356 is immediately subjected to intense public debate and criticism.
• Evolution towards Cooperative Federalism: There has been a gradual shift in political culture towards cooperative federalism. Inter-State Councils and bodies like NITI Aayog have promoted dialogue over confrontation.
• Electoral Consequences: Central ruling parties realized that dismissing popular state governments often backfired electorally, leading to sympathy waves for the dismissed state leaders in subsequent elections.
• Judicial Activism: The proactive stance of the judiciary in protecting the federal structure has made the executive highly cautious of facing judicial embarrassment.