National

Article 356 must be sparingly used: panel

By J. Venkatesan

4

NEW DELHI APRIL 3 . The question whether the Ministry in a State has lost the confidence of the Legislative Assembly or not should be tested only on the floor of the House and nowhere else, the National Commission to Review the Working of the Constitution has said.

In its report submitted to the Government, the commission, in one of its recommendations, says that the Governor should not be allowed to dismiss the Ministry so long as it enjoys the confidence of the House.

If necessary, the Centre should take steps to enable the Assembly to meet and freely transact its business.

It is only where a Chief Minister refuses to resign, after his Ministry is defeated on a motion of no-confidence, that the Governor can dismiss the State Government.

In a situation of political breakdown, the Governor should explore all possibilities of having a Government, enjoying majority support in the Assembly.

The report further says that if it is not possible for such a Government to be installed and if fresh elections can be held without avoidable delay, he should ask the outgoing Ministry (if there is one) to continue as a caretaker government, provided the Ministry was defeated solely on a issue, unconnected with any allegations of maladministration or corruption and its agreeable to continue.

The Governor should then dissolve the Assembly leaving the resolution of the constitutional crisis to the electorate.

The commission is of the view that the problem of political breakdown would stand largely resolved if the Chief Minister of a State is also elected on the floor of the House (along with the Speaker) and the removal of the Government only by a constructive vote of no-confidence is accepted and implemented.

The panel, however, is against the deletion of Article 356 but said it must be sparingly used and only as a remedy of the last resort and after exhausting action under other Articles of the Constitution.

In case of political breakdown, before invoking Article 356, the State concerned should be given an opportunity to explain its position and redress the situation, unless the situation is such, that following the above course would not be in the interest of security of State or defence of the country or for other reasons necessitating urgent action.

Also, if President's rule is to be proclaimed on the basis of the Governor's report, it should be a speaking document, containing a precise and clear statement of all material facts and grounds on the basis of which the President may satisfy himself, as to the existence or otherwise of the situation contemplated under Article 356.

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