On Maharashtra governor’s recommendation and report, Cabinet accordingly decided to recommend to the President to issue a proclamation under Article 356 (1) of the Constitution of India.
As reported by TOI, The newly-elected Maharashtra assembly will be kept under suspended animation for now and can be revived and President’s lifted as and when some party works out an alliance that is in a position to offer a stable government.
Read the Proclamation made by the President of India
G.S.R. 837(E).—The following Proclamation made by the President is published for general information:—
Whereas, I, Ram Nath Kovind, President of India, have received a report from the Governor of the State of Maharashtra and after considering the report and other information received by me, I am satisfied that a situation has arisen in which the Government of that State cannot be carried on in accordance with the provisions of the Constitution of India (hereinafter referred to as the Constitution);
Now, therefore, in exercise of the powers conferred by article 356 of the Constitution, and of all other powers enabling me in that behalf, I hereby proclaim that I –
(a) assume to myself as President of India all functions of the Government of the said State and all powers vested in or exercisable by the Governor of that State;
(b) declare that the powers of the Legislature of the said State shall be exercisable by or under the authority of Parliament; and
(c) make the following incidental and consequential provisions which appear to me to be necessary or desirable for giving effect to the objects of this Proclamation, namely:—
(i) in exercise of the functions and powers assumed to myself by virtue of clause (a) of this Proclamation as aforesaid, it shall be lawful for me as President of India to act to such extent as I think fit through the Governor of the said State;
(ii) the operation of the following provisions of the Constitution in relation to that State is hereby suspended, namely:-
so much of the proviso to article 3 as relates to the reference by the President to the Legislature of the State;
so much of clause (2) of article 151 as relates to the laying, before the Legislature of the State, of the reports submitted to the Governor by the Comptroller and Auditor-General of India; articles 163 and 164;
so much of clause (3) of article 166 as relates to the allocation among the Ministers of the business of the Government of the State; article 167;
so much of clause (1) of article 169 as relates to the passing of a resolution by the Legislative Assembly of a State;
clause (1), and sub-clause (a) of clause (2), of article 174;
articles 175 to 177 (both inclusive);
clause (c) of article 179 and first proviso to that article;
article 181, clause (c) of article 183 and the proviso to that article;
articles 185, 188, 189, 193 and 194;
articles 196 to 198 (both inclusive), clauses (3) and (4) of article 199;
articles 200 and 201;
articles 208 to 211 (both inclusive);
the proviso to clause (1) and the proviso to clause (3) of article 213; and
so much of clause (2) of article 323 as relates to the laying of the report with a memorandum before the Legislature of the State;
(iii) any reference in the Constitution to the Governor shall, in relation to the said State, be construed as a reference to the President, and any reference therein to the Legislature of the State or the Houses thereof shall, in so far as it relates to the functions and powers thereof, be construed, unless the context otherwise requires, as a reference to the Parliament, and, in particular, the references in article 213 to the Governor and to the Legislature of the State, shall be construed as references to the President and to Parliament or to the Houses thereof respectively:
Provided that nothing herein shall affect the provisions of article 153, articles 155 to 159 (both inclusive), article 299 and article 361 and paragraphs 1 to 4 (both inclusive) of the Second Schedule, or prevent the President from acting under sub-clause (i) of this clause to such extent as he thinks fit through the Governor of the said State;
(iv) any reference in the Constitution to Acts or laws of, or made by, the Legislature of the said State shall be construed as including a reference to Acts or laws made, in exercise of the powers of the Legislature of the said State, by Parliament by virtue of this Proclamation, or by the President or other authority referred to in sub-clause (a) of clause (1) of Article 357 of the Constitution, and the Bombay General Clauses Act, 1904 (Bombay Act 1 of 1904) as in force in the State of Maharashtra, and so much of the General Clauses Act, 1897 (10 of 1897), as applies to State laws, shall have effect in relation to any such Act or
law as if it were an Act of the Legislature of the said State.
ORDER
G.S.R. 838 (E).— The following Order made by the President is published for general information:—
In pursuance of sub-clause (i) of clause (c) of the Proclamation issued on this, 12th day of November, 2019, by me under article 356 of the Constitution of India, I hereby direct that all the functions of the Government of the State of Maharashtra and all the powers vested in or exercisable by the Governor of that State under the Constitution or under any law in force in that State, which have been assumed by the President by virtue of clause (a) of the said Proclamation, shall, subject to the superintendence, direction and control of the President, be exercisable also by the Governor of the said State.
Read about Article 356 of the Constitution of India
356. Provisions in case of failure of constitutional machinery in States.—(1) If the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation—
(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State;
(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament;
(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State:
Provided that nothing in this clause shall authorise the President to assume to himself any of the powers vested in or exercisable by a High Court, or to suspend in whole or in part the operation of any provision of this Constitution relating to High Courts.
(2) Any such Proclamation may be revoked or varied by a subsequent Proclamation.
(3) Every Proclamation under this article shall be laid before each House of Parliament and shall, except where it is a Proclamation revoking a previous Proclamation, cease to operate at the expiration of two months unless before the expiration of that period it has been approved by resolutions of both Houses of Parliament:
Provided that if any such Proclamation (not being a Proclamation revoking a previous Proclamation) is issued at a time when the House of the People is dissolved or the dissolution of the House of the People takes place during the period of two months referred to in this clause, and if a resolution approving the Proclamation has been passed by the Council of States, but no resolution with respect to such Proclamation has been passed by the House of the People before the expiration of that period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the Proclamation has been also passed by the House of the People.
(4) A Proclamation so approved shall, unless revoked, cease to operate on the expiration of a period of six months from the date of issue of the Proclamation]:
Provided that if and so often as a resolution approving the continuance in force of such a Proclamation is passed by both Houses of Parliament, the Proclamation shall, unless revoked, continue in force for a further period of [six months] from the date on which under this clause it would otherwise have ceased to operate, but no such Proclamation shall in any case remain in force for more than three years:
Provided further that if the dissolution of the House of the People takes place during any such period of six months] and a resolution approving the continuance in force of such Proclamation has been passed by the Council of States, but no resolution with respect to the continuance in force of such Proclamation has been passed by the House of the People during the said period, the Proclamation shall cease to operate at the expiration of thirty days from the date on which the House of the People first sits after its reconstitution unless before the expiration of the said period of thirty days a resolution approving the continuance in force of the Proclamation has been also passed by the House of the People:
Provided also that in the case of the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab, the reference in the first proviso to this clause to “three years” shall be construed as a reference to(five years)”}.]
{(5) Notwithstanding anything contained in clause (4), a resolution with respect to the continuance in force of a Proclamation approved under clause (3) for any period beyond the expiration of one year from the date of issue of such Proclamation shall not be passed by either House of Parliament unless—
(a) a Proclamation of Emergency is in operation, in the whole of India or, as the case may be, in the whole or any part of the State, at the time of the passing of such resolution, and
(b) the Election Commission certifies that the continuance in force of the Proclamation approved under clause (3) during the period specified in such resolution is necessary on account of difficulties in holding general elections to the Legislative Assembly of the State concerned:}]
Provided that nothing in this clause shall apply to the Proclamation issued under clause (1) on the 11th day of May, 1987 with respect to the State of Punjab.]
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