UPSC Mains 2023 GS2 Q13 — Article 356 Usage
Account for the legal and political factors responsible for the reduced frequency of using Article 356 by the Union Governments since mid 1990s. (Answer in 250 words)
Question Decoded — examiner's intent
- Directive verbs
- Account for
- Scope keywords
- legal and political factorsreduced frequencyArticle 356Union Governmentssince mid 1990s
- Implicit sub-parts
- How did the S.R. Bommai vs Union of India (1994) judgment redefine the 'subjective satisfaction' of the President and introduce judicial review?
- What was the impact of the shift from a unipolar party system to the Era of Coalitions on federal dynamics?
- How has the proactive role of the President (e.g., K.R. Narayanan's reconsiderations) acted as a check on the Executive?
- What role do the Inter-State Council and improved Sarkaria Commission compliance play in modern cooperative federalism?
- Common pitfalls
- Focusing too much on the historical misuse of Article 356 (pre-1990s) rather than explaining the 'reduction' in frequency post-1990s.
- Neglecting to mention the 'Floor Test' requirement as a mandatory legal prerequisite established by the Judiciary.
- Failing to link regional party prominence at the Centre to the political constraints on the Union's power to dismiss state governments.
- Ignoring the role of the Rajya Sabha, where the lack of a majority for the ruling party often prevents the ratification of a Proclamation.
- Dimensions required
- Constitutional and LegalJudicial InterpretationPolitical and ElectoralFederal and Institutional
- Marks allocation hint
Allocate 40% of the word count to legal factors, focusing heavily on the Bommai guidelines and judicial review. Devote another 40% to political factors like coalition compulsions and the rise of regional parties. Use the remaining 20% for an introduction defining the Article and a conclusion on the shift from 'Administrative Federalism' to 'Cooperative Federalism'.
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