Courts should respond promptly to any misuse of Article 356 for imposing President’s Rule in states, ensuring checks on its abuse: Sidharth Luthra.

Senior Advocate Siddharth Luthra recently called for urgent and decisive action from the courts when dealing with the abuse of Article 356, which grants the President the authority to impose President’s Rule in states. Speaking at an event commemorating the 75th anniversary of the Indian Constitution, Luthra emphasized that the misuse of Article 356 has been a recurring issue for over seven decades, with instances of its misuse occurring almost every year. He stressed the need for faster judicial intervention to curb this abuse and send a strong message to the Central government that such actions will not go unchallenged.
Luthra pointed out that the phrase “failure of constitutional machinery” in Article 356 remains broadly defined, leading to its overuse. He called for more precise definitions to prevent its misuse and to ensure that only genuine constitutional failures lead to the imposition of the President’s Rule. He also expressed concern over the role of Governors, mainly when they act as representatives of the Central government, interfering with state governments’ functioning and contributing to the misuse of Article 356. Luthra suggested directly electing Governors could reduce such interference and restore balance to federal governance.
In addition, Luthra emphasized the importance of judicial review in emergency declarations, stating that while courts have the authority to examine whether the circumstances justifying an emergency still exist, their review should not be as broad as in administrative matters. However, he argued that courts must go beyond superficial examinations and critically evaluate the reasoning behind an emergency declaration.
He also touched on the concept of proportionality in assessing emergency powers. While acknowledging its importance, Luthra noted that proportionality remains an evolving area of law that requires further clarity and development.
Luthra raised concerns about delays in judicial proceedings related to the President’s Rule, noting that when courts invalidate a Governor’s actions, political changes often make it difficult to restore the status quo. He warned that this delay can allow misuse of power to continue unchecked, undermining the democratic process.
In conclusion, Luthra called for more proactive and timely judicial responses to prevent the misuse of Article 356, ensuring that constitutional principles exercise such powers and do not undermine the autonomy of state governments or the federal structure of India.