Failure of constitutional machinery in a state

Failure of constitutional machinery in a state Article 356 of the Constitution of India provides that if a report is received in writing by the Governor of a State to the President or otherwise it is resolved that a situation has arisen in which the constitutional machinery of that state Failure or the rule of the state cannot be carried out in accordance with the provisions of the Constitution, then by President's proclamation - (a) with the State Government Is busy or there is no act or contained in any other body or authority of the State could assume powers themselves. (B) It may declare that the Parliament shall exercise the powers of the State Legislature. (C) may make such relevant and relevant provisions as may be necessary or necessary for the enforcement of the Proclamation. He may also suspend the enforcement of provisions relating to any body or authority in the state, wholly or in part. Every Proclamation is required to be presented to both the Houses of Parliament and the enforcement of such Proclamation ceases after two months, except for the Proclamation declaring the preceding Proclamation, if meanwhile not approved by the Resolutions of both the Houses of Parliament. are given. If at the time of issuing a proclamation or thereafter the Lok Sabha is dissolved without approving such proclamation, and if the Rajya Sabha approves such proclamation, thirty days of the first sitting of the Lok Sabha to be constituted as a result of the general election. The Proclamation remains in force till the end of the period and expires thereafter, even before the expiry of this period, the Lok Sabha does not grant its approval. She would have done it. Period of Enforcement of Proclamation: The period of enforcement of proclamation is 6 months from the last date on which both the Houses of Parliament pass resolutions granting its approval. The period can be extended to six months in a month. If the Lok Sabha is dissolved within a period of six months, the enforcement of the proclamation remains for one month from the date on which the re-constituted Lok Sabha holds its first meeting. However, within this stipulated time, the Rajya Sabha should approve it. The Parliament will decide how long the proclamation should be maintained. The maximum period of enforcement of proclamation in a state is 3 years. The second safeguard is that no House of Parliament can pass a resolution for approval to be extended in the state after one year of emergency unless - (1) No emergency proclamation is in force at the time of passing of such resolution. Be, and (2) the Election Commission should not certify that the continuation of the enforcement of the proclamation under Article 356 is necessary for the period mentioned in the resolution, because in the concerned state Somewhere there are difficulties in providing the general election of the Legislative Assembly. There are two major Supreme Court decisions related to this: - State of Rajasthan v. Union of India 1978 Su Court. s. R. Bommai v Union of India 1994 Su. Court