Q.

1) What is meant by expression “Failure of constitution

machinery in state u/A 356”. Which situation will not fall
within the expression? (UPJS 2015)
Question
 Question is related to “Constitution of India”
 Meaning of Constitutional Machinery
 Article 356 has to be discussed
 Situation not falling within the expression
KEY DEMAND OF QUESTION
 Constitutional Machinery has to be defined
 Detail about Article 356 are to be discussed
 President’s and Parliament’s Power in National
Emergency
Constitutional machinery – Article 355
 Term used to refer to a body (an elected government)
 Bound to conduct governance of a state
 In accordance with provisions of Constitution of the
country.

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Failure of Constitutional machinery in State - Article 356
 If President is satisfied
 On receipt of a report from Governor of a State or
otherwise
 Situation has arisen in which Government of State
cannot be carried on in accordance with provisions of
Constitution
 He may issue a Proclamation

By that Proclamation, PRESIDENT MAY-

 Assume to himself, powers vested in or exercisable by
Governor to anybody or authority in State.
 Declare that powers of Legislature of State shall be
exercised by or under the authority of Parliament.
 Make such incidental and consequential provisions as
may appear to him to be necessary or desirable for
giving effect to object of Proclamation.

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 When the Proclamation of Emergency is made under
Article 356(1), powers of State Legislature are to be
exercised by Parliament.
 Parliament can confer on President, power to make
laws for States.
 Parliament may authorize President, to delegate such
powers to any other authority as specified by himself
[Article 357 (1) (a)].
 Proclamation revoked or varied by President by a
subsequent Proclamation.
 Word "satisfaction" in Article 356(1) does not mean
personal satisfaction of Governor but satisfaction of
cabinet.
 President’s satisfaction can be challenged-
 On 2 grounds
 Exercised mala fide
 Based on wholly extraneous and irrelevant grounds

 Proclamation laid before each House of Parliament and

remain in operation for 'two months' unless expired
[Clause (3) of Article 356].
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 Parliament may extend duration of Proclamation for
"six months" at a time.
 Maximum time –“three years”

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 S.R. Bommai v. Union of India
(1994) 3 SCC 1
Held:
 Presidential proclamation dissolving a State
Legislative Assembly is subject to judicial review.
 State Government works against secularism,
President's rule can be imposed.
 No dismissal of opposition when new political party
assumes power at Centre.
 If President's rule is imposed only on political
considerations Court can even restore assembly.
 Imposition of President's rule and dissolution of
State Assembly cannot be done together.
 State Assembly dissolved only after Parliament
approves Central rule.
 SC OR HC can compel Union Government to
disclose material on whose basis President's rule is
imposed on a State.
 Power of President under Article 356 is a
constitutional power, not an absolute power.

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Q.2.Discuss the scope of the "freedom of Speech and
Expression". Does it include freedom of press also? What
are the restrictions imposed? (MPCJ 2011)
Question
 Question is related to “Constitution of India”
 Scope of Fundamental Right i.e. “Freedom of speech
and expression” is to be discussed
 Freedom of Press is included or not is to be stated
 Restrictions imposed are to be stated.
KEY DEMAND OF QUESTION
 Article 19(1)(a) is to be focused
 Cases related to Freedom of Press are to be discussed
 Restrictions as imposed in Article 19 (2) need to be
stated

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Freedom of Speech and Expression- Article 19(1)(a)
 A bulwark of a democratic form of government.
 Article 19(1)(a) guarantees to all citizens right to
freedom of speech and expression.
 According to Article 19(2) the State may make a law
imposing reasonable restrictions
 Any limitation on the exercise of the fundamental right
under Article 19(1)(a) not falling within the four corners
of Article 19(2) cannot be valid.

Meaning and scope

 It means right to express one's own convictions and
opinions freely
 By words of mouth, writing, printing, pictures or any
other mode.
 Includes expression of one's ideas through any
communicable medium or visible representation, such
as, gesture, signs and the like.

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  Expression connotes also publication and thus the
freedom of the press is included in this category.
 Includes liberty to propagate not only one's views but
also right to propagate or publish views of other,
otherwise this freedom would not include the freedom
of press.

Purposes-
 Helps an individual, to attain self-fulfillment;
 Assist in discovery of truth;
 Strengthens capacity of an individual in participating in
decision making; and
 Provides a mechanism by which it would be possible to
establish a reasonable balance between stability and
social change.
Freedom of press –
 Constitution does not contain any specific provision
ensuring freedom of the press which has therefore to
depend on Article 19(1)(a).

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 Ramesh Thapar v. State of Madras
AIR 1950 S.C. 124
Held:
 Freedom of speech and expression includes
freedom of propagation of ideas
 Ensured by freedom of circulation of a publication,
 Without circulation, publication would be of little
value.
 Ban authorizing Government to impose a ban upon
entry and circulation of a journal in a State,
 Restrictive of freedom of speech and expression
 Valid only if it falls within Article 19(2).

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 Express News Paper v. Union of India
AIR 1958 S.C. 578
Facts:
 SC was called upon to adjudge validity of Working
Journalist Act, 1955
 Enacted to regulate certain conditions of service of
persons employed in news-paper establishment
i.e.
 Payment of gratuity, hours of work, leave, fixation
of wages etc.
Held:
 No law could be enacted having effect of imposing
a pre-censorship, curtailing circulation, restricting
choice of employment or unemployment
 Preventing newspapers from being stated or
undermining its independency by driving press to
seek government aid to survive.
 Did not take away right of freedom of speech and
expression enjoyed by petitioners under Article
19(1)(a).

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 Prabhu Dutt v. Union of India,
AIR 1982 SC 6
Held:
 Right to know news and information regarding
administration of governments is included in
freedom of press
 But not an absolute right, restrictions may be
imposed.

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 K.A. Abbas v. Union of India,
A.I.R. 1971 S.C. 481
Held:
 Pre-censorship of films is justified under Article
19(2)
 Ground films have to be treated differently from
other forms of art and expression because of its
instant effect on persons who watch it particularly
on adolescents.

Grounds of Restrictions- Article 19(2)

 Security of state,
 Friendly relations with foreign states,
 Public order,
 Decency or morality,
 Contempt of Court,
 Defamation,
 Incitement to an offence,

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  Integrity and sovereignty of India.

CONCLUSION
 Freedom of Speech and Expression is a Fundamental
Right enshrined U/A 19.
 It gives our country a democratic status
 But every rose has a thorn
 So, there are some restrictions as imposed in the 2nd
clause of the Article 19

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