THE NATIONAL LAW INSTITUTE UNIVERSITY,

BHOPAL

In the partial fulfilment for the requirement of the project on the subject of Constitution of
B.A.L.L.B (Hons.), Fifth Trimester.

Submitted on 2nd November 2019

Synopsis

Topic: - Misuse of Article 356

Submitted to: -
Ms. Kuldeep Kaur

Submitted by: -
Durgesh Nandan Yadav (2018 BALLB 72)
 THE NATIONAL LAW INSTITUTE UNIVERSITY,
BHOPAL
Introduction:-
The essence of the Article 356 is that upon the breach of a certain defined state of affairs, as
ascertained and reported by the Governor of the State concerned (or otherwise), the President
concludes that the ‘constitutional machinery’ in the State has failed. Thereupon the President makes a
‘Proclamation of Emergency,’ dismissing the State Legislature and Executive. During a state of
emergency, the President is vested with tremendous discretionary powers. Article 356 of the Indian
Constitution has acquired quite some notoriety due to its alleged misuse.

Objectives: -
1. To analyse the effect of proclamation of emergency under Article 356.
2. To study the historical development of Article 356.
3. To analyse how Article 356 has been misused.

Method of Study: -
The proposed piece of work is based in Doctrinal Method largely based on secondary and electronic
sources of data.

Review of Literature: -

1. Basu, D.D, Introduction to Constitution of India

It offers systematic exposition of the constitutional document in the form of a narrative, properly
arranged under logical chapters and topical headings.

2. Bakshi, P.M, The Constitution of India

It analyses the provisions of the present Constitution and explains the inter-relation between its
diverse contents. It provides us with a lot of facts relating to Indian Constitution with lucid
explanations.

3. Austin, Granville, The Indian constitution

The Indian Constitution provides a history of the Indian Constituent Assembly. It discusses how
and why the members of the Assembly wrote their constitution as they did. This new edition of
Austin's classic work has a preface that brings it up to date with contemporary developments in
constitutional law.
 THE NATIONAL LAW INSTITUTE UNIVERSITY,
BHOPAL

Body of project: -
1. Introduction
2. Historical Background of Article 356
3. Misuse of Article 356
4. S. R. Bommai v. Union of India

Conclusions and Suggestions

Bibliography