ARTICLE 355. Duty of the union to protect states against external aggression and internal disturbance. It shall be the duty of the union to protect every state against external aggression and internal disturbance and to ensure that the governor of every state is carried on in accordance with the provision of this constitution. ARTICLE 356(1). Provision in case of failure of constitutional machinery in state.
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 the constitution, the President may by Proclamation.
(Emergency Provision Page 403) Justiciability of the Proclamation Part 2(A)
That the proclamation has been made upon a consideration which is wholly extranous or irrelevant to the purpose for which the power under Art.356 had been conferred in the constitution namely a break-down of the constitutional machinery in a state, or in other words there is no 'reasonable nuxus' between the reason's disclosed and the satisfaction of president, because in such a case it can be said that there has been no satisfaction of the President which is a condition precedent for exercise of the power under Art 356.
This is the clear cut quote from the provision constitutional law of India ART 355 and ART 356(1) Part 2(a) Page 403-404 (6th Edition). Let us reason why
Zhevito Aye GB East Dimapur
