Implementation of Art 356 of the constitution and the Judicial Review

It is the duty of the Centre to ensure that the government of every state should carry in accordance with the provisions of the constitution (Art 355). The President is empowered to make a proclamation when he is satisfied about the government of a state is not carried on either on the report of Governor of state or otherwise (Art 356). The President also make such Proclamation where any state has failed to comply with or to give effect to, any directions given by the Centre, in the exercise of its executive power to the state .The duration of such proclamation shall ordinarily for 2 months. The two months duration of such Proclamation can be extended by resolution passed by both houses of parliament for 6 months, subject to a maximum duration of 3 years.(Art 356 (3). By inserting 44th amendment Act, 1978 the duration can be extended beyond one year after fulfilling two other conditions. By the 42nd Amendment act 1976 the president satisfaction for making such proclamation under art 356 was made immune from judicial review but after 44th amendment of 1978 the court may interfere if such proclamation is mala fide. In S.R.Bommai case the court clearly subscribed the view that this power under Art 356 is an exceptional and to be used occasionally to meet the emergency of special situations .If the court holds the proclamation to be invalid then the court may order that the dissolved ministry and assembly will be revived. The legislative assembly of a state can not be dissolved before the proclamation is approved by both houses of parliament.