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This is an archive article published on December 20, 1998

Centre forms panel on Art 356

New Delhi, Dec 19: The Centre today constituted a five-member committee of the Inter-State Council headed by Defence Minister George Fern...

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New Delhi, Dec 19: The Centre today constituted a five-member committee of the Inter-State Council headed by Defence Minister George Fernandes to give a final shape to safeguards against arbitrary imposition of President8217;s rule as many states favoured retention of Article 356.

The committee, which will also have Chief Ministers of Andhra Pradesh, Orissa, Uttar Pradesh and Finance Minister of West Bengal, was set up at the day-long meeting of the standing committee of the Inter-State Council headed by Home Minister L K Advani.

The committee would look into suggestions made by states on preventing the misuse of emergency powers under Articles 355 and 356.

Stating that the Centre was also in favour of retaining Article 356, Advani told reporters after the six-hour meeting that the committee would submit its report on January 10 to be discussed at the full meeting of the council schedule on January 21.

While most of the states wanted strict safeguards to prevent misuse of these articles, Uttar Pradeshdiffered on West Bengal Government8217;s proposal that states should reply to the Centre8217;s show-cause notice on Article 356 within seven days.

This view was favoured by Andhra Pradesh, Assam, Orissa and Tamil Nadu, West Bengal Finance Minister Asim Dasgupta said.

The meeting also discussed Article 355 and the procedure to be followed on the disposal of recommendations made by the standing committee.

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The overwhelming view at the meeting was that Article 356 had been grossly misused in the past, giving rise to the demand for its abrogation.

Those favouring repeal said if adequate safeguards were available to prevent its misuse, they were willing to go along with it, Advani said.

However, the majority view was in favour of retention of this article in the interests of safeguarding national unity, including threats arising out of external aggression, and a strict adherence to the constitution throughout the country. Meanwhile, Andhra Pradesh today favoured firm and transparent8217; safeguards to prevent misuseof Article 356 saying it had been used by the Centre 8220;more to inhibit democracy rather than promote it8221;.

The state government8217;s views were conveyed by state finance minister P Ashok Gajapti Raju here today.

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Reiterating the basic position demanding repeal of the article, he said the state government was willing to go along if the consensus was to retain it with strict restrictive provisions, according to an official release.

The minister opposed the suggestion to dispense with issuing show cause notice to the state governments while invoking Article 356 in emergent situations.

 

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