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Topic: Article 356


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In the News (Fri 25 Dec 09)

  
  Article 356
Article 356 is a controversial constitutional section included in the constitution of India.
This article gives the central government the authority to dismiss any state government if there has been failure of the Constitutional machinery in the state.
Many believe that this article is a threat to the federal state system.
www.ebroadcast.com.au /lookup/encyclopedia/ar/Article_356.html   (110 words)

  
 The Tribune...Sunday Reading
Moreover, Article 356 comes under the emergency provisions of the Constitution, which means that the extraordinary powers under this article are to be exercised rarely and only in extremely abnormal situations when the state assembly and the government are unable to function according to the provisions of the Constitution.
Article 356 contains in it the Central power of a drastic nature to meet such an emergency situation as the breakdown of the constitutional machinery in a state.
As noted earlier, under Article 356 a failure of constitutional machinery can be declared if the President, either on the basis of the report of the Governor 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 the Constitution.
www.tribuneindia.com /1998/98nov08/sunday/head.htm   (1866 words)

  
 The Hindu : Limitations of Article 356
ARTICLE 356 is one among the nine Articles, beginning from Art.
Under Article 356, the President can dismiss a State Government or dissolve a State Assembly or keep it under suspended animation in the event of a failure of the constitutional machinery in that State.
In spite of the assurance given by Dr. Ambedkar, Article 356 was continually misused, for 50 years, by the Centre.
www.hinduonnet.com /thehindu/op/2003/05/06/stories/2003050600010200.htm   (570 words)

  
 [No title]
By using Article 356 in flagrant violation of the Bommai judgment of the Supreme Court, the BJP has shown that it is prepared to use any Constitutional provision in a partisan and wilful manner.
Article 356 is only an emergency measure to safeguard national unity and the democratic political system when they come under threat.
The exercise of Article 356 is primarily a political act by the Central Government.
www.flonnet.com /fl1521/15210120.htm   (920 words)

  
 The Hindu : Amending Article 356
Article 356 gives the Centre the power to take over the functions of a State Government in the event of a failure of the constitutional machinery in that State.
The Court's ruling that the Centre cannot dissolve State legislatures unless the proclamation under Article 356 (1) is approved by the Lok Sabha and the Rajya Sabha has served as an effective restraint during a period when no party or combination of parties has enjoyed a majority in both Houses of Parliament.
Among other things, such an amendment must ensure that, if used at all, the recourse to Article 356 must be a last resort — one that is embraced after exhausting the options provided by other Articles in the Constitution such as 256, 257 and, more importantly, 355.
www.hindu.com /2003/08/30/stories/2003083002501000.htm   (575 words)

  
 Eastern Book Company - Practical Lawyer
on any other information under Article 356(1) his satisfaction is a subjective one that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution and issues the proclamation required under Article 356(1) of the Constitution.
Article 356, to the extent it is relevant for the present discussion runs thus:
In this connection it is worth noting Article 53 which states that the executive power of the Union shall be vested in the President and shall be exercised by him either directly or through officers subordinate to him in accordance with this Constitution.
www.ebc-india.com /lawyer/articles/98v6a3.htm   (709 words)

  
 Living under the shadow of Article 370
Article 370 is a special clause in Indian Constitution, a prize that was extracted out of India in 1950 by Sheikh Mohammed Abdullah for throwing his lot with India, after lengthy negotiations with Indian leaders.
Thus Article 370 and other crucial constitutional issues were effectively negotiated ignoring the wishes of nearly half of the state's population which was non-Muslim, or from outside the valley.
Article 370 was designed to maintain the separate character of valley Muslims at the expense of all other groups in the state, and at the expense of the stability and future of the subcontinent.
www.kashmirherald.com /featuredarticle/article370.html   (2395 words)

  
 Article   (Site not responding. Last check: 2007-10-09)
Article 356 provides for the assumption of legislative and executive powers by the union in the state sphere, and article 360 provides for the giving of directions to a state on financial matters; they do not need recourse to articles 250 and 353.
Under the former article the president can be satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the Constitution, “on receipt of a report from the governor of a state or otherwise”.
Article 391 no longer exists (whatever the propriety of the deletion); 392 was of transitional significance; 364 is only about major ports and aerodromes; and the fifth schedule is exclusively about scheduled areas and tribes.
www.epw.org.in /showArticles.php?root=2004&leaf=07&filename=7461&filetype=html   (4093 words)

  
 Article 356: States want more safeguards
The States have given up their demand for repeal of Article 356 of the Constitution, which provides for imposition of President's rule, but insist on greater safeguards to prevent its misuse.
Under Articles 256 and 257, the Union government can issue directives to erring states if the Constitution is being violated.
hi, regionalism should not be given impetus, article 356 is the very backbone of our quasifederal structure and constitution have arlready given how to and...
www.rediff.com /news/2003/aug/28isc.htm   (286 words)

  
 Rediff On The NeT: Article 356 will not be abrogated, says Advani
"The article is not an instrument of politics, but it has been used as an instrument of political mediation repeatedly," he said at the sixth meeting of the standing committee of the Inter-State Council in New Delhi.
He said frequent misuse of the article had resulted in the notion that it is not an instrument to protect the Constitution, but to distort it.
It was observed that the existing provisions to act under Article 356 either on the governor's report or otherwise would continue.
www.rediff.com /news/1998/dec/19adva.htm   (319 words)

  
 Hindu Unity - Links
Article 370 of the Constitution, which has grouped Jammu and Kashmir as a special and different state, ridicules this declaration that Kashmir is an inseparable part of India.
For this period Article 370 was incorporated in the Constitution as a temporary measure.
Article 370 is like a piece of bone stuck in the gullet: if it is swallowed, it may lead to death and if not, still death is there.
www.hinduunity.org /articles/bharathistory/memorialmistakes.html   (2698 words)

  
 [No title]
Article 80 Administration and Enforcement This section is where the local electrical inspector draws their authority to administer and enforce the code.
Article 600 Modifies this section to allow GTO wire to be used in 18 and 14 AWG for over 1000 volts.
This article covers the installation and use of all boxes and conduit bodies used as outlet, device, junction, or pull boxes, depending on their use, and handhole s and other electrical enclosures.
www.ussc.org /dbFiles/Changesinthe2005.doc   (1924 words)

  
 UCONN NHRR ARCHIVES GUIDE--APPENDIX B
A-356 Poster of winter arrangements and timetables of the New York and New Haven RR.
A-356-7 Bundle containing a newspaper article re fifty years of Boston, Boston Man was "Father of the American Railroad," by James W. Reardon, Boston Sunday Advertiser, and photocopies of prints of railway stations, New Union Depot 1870 and another (not named), 1857.
A-356- 129 Correspondence re inquiry in Duxbury and Cohasset RR.
lib.uconn.edu /online/research/speclib/ASC/findaids/NHRR/appendb.htm   (4150 words)

  
 The Telegraph - Calcutta : Nation   (Site not responding. Last check: 2007-10-09)
Jaitley argued that an Assembly, after its dissolution, has to be convened within six months of its last sitting under Article 174 so that a “responsive government is in place which is accountable to the House of people.
Sibal pointed to the poll panel’s order to argue that the elections could not be held in Gujarat due to the riots and that the revised electoral rolls were rendered “inoperable” due to the clashes.
However, when Sibal said Article 356 was invoked to impose President’s rule in various states more than “40 times” so far, the judges observed: “Let’s not go into the political arena”.
www.telegraphindia.com /1020920/asp/nation/story_1216826.asp   (768 words)

  
 On the Use of Death Penalty in t
On November 4, 2003 the Constitutional Court of the Republic of Belarus decided to institute legal proceedings on the issue “On compliance of the articles of the Criminal Code of the Republic of Belarus envisaging death penalty as punishment with the Constitution of the Republic of Belarus and international treaties of the Republic of Belarus”.
According to Article 59 of the Criminal Code of the Republic of Belarus of 1999 the use of death penalty (execution) is allowed as an extraordinary measure of punishment for certain very grave crimes connected with premeditated murder under aggravating circumstances.
The use of death penalty is motivated in all cases in the verdict on the basis of established circumstances of the committed crime and of the data exhaustively characterizing the accused, since the law allows but not demands the use of extraordinary measure of punishment for committing a very grave crime.
www.belarusembassy.org /humanitarian/criminalcode.htm   (567 words)

  
 Centre ready to amend Article 356
The Centre and the states on Tuesday agreed in principle to amend Article 356 of the Constitution to provide for safeguards to prevent its misuse.
The agreement came after sharp differences arose at a meeting of the Inter-State Council's standing committee over the deployment of armed forces, with the Centre rejecting the demand of the states that it should be done with their concurrence.
Hi, Ya there is an urgency in amendment of article 356 in Tamil Nadu,Because of the poor administration and Influence of Illegal activities.Devilish regime is...
www.rediff.com /news/2003/may/13const.htm   (283 words)

  
 'Article 370 must be abolished'
Calling the Centre to make Article 370 a permanent feature of the Indian Constitution, is a covert attempt of legitimising the demand for independence of Jammu and Kashmir in the near future.
It is often said that the extension of this Article constitutes encroachment on the state's autonomy.
When Article 370 was framed, the clear understanding was that it would stay for a short time to cover the transitional period.
www.hvk.org /articles/0200/14.html   (1386 words)

  
 The Telegraph - Calcutta : Nation   (Site not responding. Last check: 2007-10-09)
Article 174 stipulates that there should not be a gap of more than six months between two sessions of an Assembly.
Article 324 states that the poll panel has powers over “superintendence, conduct and control” of elections.
Under Article 356, the President dissolves an Assembly and imposes Central rule.
www.telegraphindia.com /1020830/asp/nation/story_1151056.asp   (496 words)

  
 VIEW<BR>We Need Article 356, But as Last Resort-Editorial-OPINION-The Times of India   (Site not responding. Last check: 2007-10-09)
Article 356 has been invoked more than 100 times since India’s republican Constitution was adopted in 1950 — a majority of the times for patently mala fide political purposes.
Opposition to the use — or misuse — of 356, which empowers the Centre to dismiss a state government and impose President’s rule in the event of “a breakdown of constitutional machinery”, is based overwhelmingly not on a point of principle but on contingent historical circumstances.
Instead, there has emerged a political consensus which favours the retention of the Article as a last-resort measure to ensure national unity and prevent extreme and wilful violations of constitutio-nal norms by state governments.
timesofindia.indiatimes.com /cms.dll/html/uncomp/articleshow?msid=46786223   (462 words)

  
 Pelican Technical Article: Replacing 356 Axle Boots
If your 356 is leaking transmission fluid, then it may very well be old and worn out axle boots.
The main difference is that the transmission case is open to the joint, thereby providing it with lubrication from the transmission.
You fill the transmission by removing the filler plug and filling until the level is even with the plug.
www.pelicanparts.com /techarticles/356_axle_boots/356_axle_boot.htm   (738 words)

  
 The Porsche 356 Timeline - Article by ArticleFeeder.com   (Site not responding. Last check: 2007-10-09)
The 356 was the brain child of Ferdinand "Ferry" Porsche.
After several evolutions the 356 came to be retired in 1965 but today the car still remains sought after and it is common to find them selling for over $175,000.
The 356 underwent many changes over the years some mechanical while others cosmetic but what remained consistent was its charm, style, sportiness, and speed.
www.articlefeeder.com /0-45338-1-The_Porsche_356_Timeline.html   (911 words)

  
 COUNTERVIEW<BR>Every Use is Misuse, It Must Go-Editorial-OPINION-The Times of India   (Site not responding. Last check: 2007-10-09)
That is the biggest irony of Article 356: Its worst critics become its ardent champions no sooner than they join the ruling ranks.
The first time Atalji and his illustrious allies — many of them staunch opponents of Article 356 in their earlier avatars — applied Article 356 in Bihar, then president K R Narayanan vetoed it.
Article 356 was and will remain a political weapon.
timesofindia.indiatimes.com /cms.dll/html/uncomp/articleshow?msid=46786155   (450 words)

  
 [No title]
This latter Article states that if any particular State defies a Central direction validly given, it shall be lawful for the President, that is the Cabinet, to hold that the government of the State cannot be carried on in accordance with the provisions of the Constitution.
The daring way in which the AIADMK is demanding the dismissal of the DMK Ministry in Tamil Nadu under Article 356 shows that political terrorism is apt to overpower constitutional propriety.
It is time Article 356 power was handcuffed in the way Sarkaria has suggested, although personally I might go further to hold that only after Parliament passes a resolution in both Houses should President's Rule be used against a State.
www.flonnet.com /fl1514/15140240.htm   (1351 words)

  
 THE CONSTITUTION (AMENDMENT)
articles 123, 213, 239B, 352, 356, 359 and 360 of the Constitution.
action is not restricted by the provisions of that article.
Amendment of article 123.-In article 123 of the Constitution,
www.constitution.org /cons/india/tamnd38.htm   (1188 words)

  
 Porsche 356 Registry Original Article : 356 Essential Books
This is but a brief subset of all the 356 books in and out of print, offering up a list of particular interest to someone just getting started in the hobby.
Add in the manuals and such not usually listed in Amazon and there are probably about 35 books with significant 356 content, and likely a dozen more of general Porsche variety which have worthwhile 356 content in the form of early factory history and/or early pictures.
One last plug: aside from the 356 Registry, The Maestro Stories on Pellow's website is one of the most developed single sources of 356 technical information anywhere, and it's free.
www.356registry.org /Articles/Books   (3431 words)

  
 CONSTITUTION
It examines the concept of federalism to show that article 356 will continue to create tensions between the centre and states.
The book also discusses the origin of article 356 and the deliberations in the Constituent Assembly on this issue are critically examined.
CHAPTER – IV USE and ABUSE OF ARTICLE 356 1.The Nehru and Shastri Era 2.The Period of Mrs.
www.iosworld.org /ebk14-1.htm   (555 words)

  
 The Tribune, Chandigarh, India - Punjab
While the Sarkaria Commission had recommended that Article 356, under which any state can be brought under President’s rule by dismissing the popular government, should be used sparingly, the Union Government did not reveal what checks and safeguards it would take to stop its misuse in the light of the Sarkaria Commission’s report.
He apprehended that the BJP would misuse Article 356 and 365 in case it got majority in the Rajya Sabha.
In the Bommai case, the Supreme Court had given directions that the Centre could only suspend a state government under Article 356 but its dissolution had to be ratified by both Houses of Parliament.
www.tribuneindia.com /2003/20030829/punjab1.htm   (4874 words)

  
 Pelican Technical Article: 356 Valve Adjustment Made Easy
The location and layout of the pistons and cylinders for the 356 engine is shown in Figure 4.
To adjust the valves, simply loosen the retaining nut that holds the adjusting screw secure and turn the screw until the feeler gauge fits snugly, as shown in Figure 5.
All 356 engines should be adjusted to the valve clearance specifications listed in the table in the 356 Technical Specifications Section.
pelicanparts.com /techarticles/356_adjust_valves/356_adjust_valves.htm   (790 words)

  
 Abstract: EXECUTIVE DISCRETION AND ARTICLE 356 OF THE CONSTITUTION OF INDIA: A Comparative Critique, vol. 8.1
Article 356 of the Constitution of India, which deals with presidential discretionary powers of emergency, has long been the favored topic of political debate - and, at times, the cause of much ire - within the legal intellectual community in India.
This paper examines the rationale behind the invocation of this Article by almost every Government that came to power in India and its implications for the democratic fabric of India.
The historical development of this Article helps us to gauge the rationale behind its inclusion in the original draft of the Constitution.
www.ejcl.org /81/abs81-4.html   (278 words)

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