Breakdown of constitutional machinery

Discuss the meaning of “Breakdown of constitutional machinery”. What are its effects?

It means the breakdown of Constitutional government in a stake. This type of emergency may arise out of the presidential promulgation under Article356, due to failure of constitutional machinery in any state. If the president on the receipt of a report from a state Governor or Otherwise is satisfied that a situation has arise in a state which amounts to break down of Constitutional government in a state. He can proclaim a state of emergency. The procedure of promulgating such emergency is that it ceases to be effective after two months, unless it has been approved by both houses of parliament. It cannot be issued for more than six months at a time, but it can be extended every six months up to a maximum period of three years at a stretch, each extension being subject to the approval of the parliament.

The effects are mainly on:

Firstly, all functions of the state govt. excepting that of the State High Court are assumed by the President .Hence it is popularly known as the President’s rule.

Secondly, all powers of the State legislature are exercised by the Union Parliament.

Thirdly, the Parliament may also delegate these powers to the President.