Issues with tribunals - Acquired adulcate, lack of uniformity, lack of manpower, high backlog of cases, Breakgain of Separation of Power
Introduction
Article 356 allows President to impose a Presidential rule in the state. It is enshrined that the Constitution at the state has been incapacitated.
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Main Body
Way Forward: - Framing a National Tribunal Commission as per El Chandrika Case direction - Some bound isolated mechanism - Qualified Manpower, law student instead of discharged expert - Creating additional benches for tribunal Tribunals are important bodies as they reduce workload of courts, expedite decision and provide a forum to expand. Structural transformation and nodal mechanism need to be focused
Grounds to impose President's Rule: (1.1) By President if satisfied that State government cannot be run through provisions of Constitution (1.2) If State ignores directions of Central government about maintenance of railway & communication facilities (1.3) If governor in his report highlights material facts about breakdown of Constitutional machinery in the state
Procedure for imposition: (1) -> Governor sends a report to President about constitutional machinery (2) -> President is satisfied by report (3) -> President imposes President's rule in state under Article 356 (4) -> Parliament approves the imposition of President's rule Effects of imposition: -> The State legislature gets dissolved -> Parliament can legislate on State list subject -> The State Governor continues to exercise executive powers in hands of President
All effects of President's Rule: -> Political Vendetta - Elected Government to dissolved -> Against the principle of federalism -> AFSPA Most misused Provision Dr. Ambedkar Wanted Article 356 to remain a dead letter law we often see that this is most misused provision to take Political Vendetta and to remove an elected government
Conclusion
Tribunals are important bodies as they reduce workload of courts, expedite decision and provide a forum to expand. Structural transformation and nodal mechanism need to be focused
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Diagram
Effects of President's Rule shown in text boxes with arrows indicating: Political Vendetta (Elected Government to dissolved), Against the principle of federalism, AFSPA Most misused Provision
Pakshal
Separation of Powers and Dispute Redressal Mechanisms
Tribunals
Issues and way forward
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