Failure of constitutional machinery: presidential proclamation enabling central assumption of state functions, subject to parliamentary approval and limits. Failure of constitutional machinery permits the President to issue a Proclamation by which he may assume functions or powers of the State Government or Governor, direct that the State Legislature's powers be exercised by Parliament, and make incidental provisions. Proclamations may be revoked or varied, must be laid before both Houses, require parliamentary approval within prescribed timeframes, and, if approved, operate for a limited statutory period subject to extensions under specified conditions and overall maximum duration, with explicit exclusion of High Court powers.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Failure of constitutional machinery: presidential proclamation enabling central assumption of state functions, subject to parliamentary approval and limits.
Failure of constitutional machinery permits the President to issue a Proclamation by which he may assume functions or powers of the State Government or Governor, direct that the State Legislature's powers be exercised by Parliament, and make incidental provisions. Proclamations may be revoked or varied, must be laid before both Houses, require parliamentary approval within prescribed timeframes, and, if approved, operate for a limited statutory period subject to extensions under specified conditions and overall maximum duration, with explicit exclusion of High Court powers.
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