Courts must act speedily when Article 356 abused to impose President's rule in States: Sidharth Luthra

Senior Advocate Siddharth Luthra recently emphasized the need for courts to act swiftly in cases involving the abuse of Article 356, which empowers the President to impose President's Rule in States.

Luthra highlighted that the misuse of Article 356 has been a recurring issue over the last 75 years, with instances occurring nearly every year. He called for faster judicial action to curb this abuse and send a strong message to the Central government that it cannot misuse the provision.

"Courts must act speedily so that any abuse of Article 356 is struck down. In last 75 years it has happened twice every year. So is this not abuse of power? So the time is to reverse the status quo if any misuse of power was there and so a message should go to the central government/executive that you cannot get away with misusing Article 356," he said.

Luthra was speaking at an event organised to commemorate the 75th anniversary since the adoption of the Constitution of India.

He also said that Article 356 needs clearer definition, particularly the phrase "failure of constitutional machinery," as its broad scope allows almost anything to fall within its ambit.

Luthra also discussed the role of Governors, particularly when they act as agents of the Central government. He argued that this often leads to the misuse of Article 356, as Governors interfere in the functioning of State governments.

Luthra lamented the failure to implement a proposal to directly elect Governors, which he believed could reduce such interference. He stressed the need for a system of restraint on Governors, ensuring that they do not overstep their bounds and unnecessarily interfere with the operations of State governments.

On judicial review, Luthra explained that courts do have the power to review the declaration of an emergency, though the scope of this review is limited.

The primary focus, he said, is to examine whether the circumstances that led to the declaration of the emergency still exist. Luthra clarified that judicial review in such cases cannot be as expansive as in administrative matters.

However, he stressed the importance of the courts going beyond a superficial examination and delving into the reasoning behind the emergency declaration.

Luthra also addressed the concept of proportionality in assessing emergency powers, noting that while it is a key criterion, it remains a grey area that needs further development.

In discussing the operation of President's Rule under Article 356, Luthra raised concerns about the delays in judicial proceedings, since by the time a court invalidates a Governor’s actions, the political landscape has often changed, with new elections taking place and making it difficult to restore the status quo.

He warned against the potential for abuse of power, calling for courts to act decisively to prevent such misuse.