Suspended Animation: Understanding India's Constitution Preservation

Suspended animation in the Indian Constitution refers to the temporary suspension of a state assembly's vital functions, allowing a cooling-off period for political resolution without resorting to immediate dissolution and fresh elections. This mechanism grants flexibility in assessing the political situation and can be enacted by the Lt. Governor if no party can form a government. Notably, it should not exceed a reasonable duration. Suspended animation is distinct from President's Rule, which involves the direct imposition of Union government rule in a state under Article 356 if the state government cannot function according to Constitutional provisions.

Suspended animation in the Indian Constitution

Explore related products

Suspended Animation

$8.99 $11.99

Constitutional Law: [Connected eBook with Study Center] (Aspen Casebook)

$236.4 $359

The Constitution of the United States of America: The Declaration of Independence, The Bill of Rights

$9.99 $9.99

The Constitution of the United States and The Declaration of Independence

$1.99 $6.95

Listening to the Law: Reflections on the Court and Constitution

$22.19 $32

Constitutional Law For Dummies

$18 $29.99

Suspended animation allows a cooling period to assess the political situation

In the Indian Constitution, suspended animation refers to a state of temporary inaction, akin to a "cooling period", during which the legislative assembly is granted time to assess the political situation and make informed decisions. This period allows for a cautious approach, providing flexibility and enabling stakeholders to resolve political crises without resorting to immediate dissolution and fresh elections.

The concept of suspended animation in the Indian political context is analogous to an animal entering a state of unconsciousness, with its body functions slowing down significantly, enabling it to survive harsh winter conditions. Similarly, during a period of suspended animation, the legislative assembly becomes inactive, allowing for a pause in political activities.

This mechanism is particularly relevant when no party can form a government, as it prevents the hasty dissolution of the assembly and provides an opportunity for coalition formation or other political resolutions. In such cases, the Lt. Governor has the authority to keep the Assembly under suspended animation, giving the necessary time to navigate the political landscape and form a stable government.

While there is no predefined time limit for suspended animation, it is generally expected not to exceed a reasonable period. Judicial oversight plays a crucial role, with courts recommending suspended animation to prevent the arbitrary dissolution of assemblies. A notable example occurred in Arunachal Pradesh in 2016, where the Supreme Court ruled that the imposition of President's Rule was unconstitutional, underscoring the importance of caution before dissolving a State Assembly.

Suspended animation, as outlined in Article 356 of the Indian Constitution, grants the Union government extensive powers to intervene in a state if civil unrest occurs and the state government is unable to restore order. However, the use of Article 356 has been a subject of debate, with critics arguing that it undermines the federal state system by providing the central ruling parties with a pretext to dissolve state governments led by political opponents.

It can be used to avoid arbitrary dissolution of assemblies

In the Indian Constitution, suspended animation refers to the temporary cessation of the functions of a legislative assembly. This occurs when there is a failure of constitutional machinery in a state, as outlined in Article 356 of the Constitution.

Suspended animation can be used to prevent the arbitrary dissolution of assemblies by providing a cooling-off period during which the assembly remains inactive but is not dissolved. This mechanism allows for a temporary pause in the assembly's activities, giving time for the resolution of any issues or crises that may have led to the consideration of dissolution in the first place.

For example, in the case of S.R. Bommai vs Union of India (1994), the Supreme Court allowed suspended animation as a temporary measure but cautioned against its misuse. The Court recognised that significant political damage could occur during the delay between a proclamation and its judicial review. As such, the Court laid down several safeguards to prevent the arbitrary imposition of the President's Rule, including the requirement for prior parliamentary approval before dissolving an assembly.

The use of suspended animation in this context is based on the idea that it gives space for alternative solutions to be explored and for the restoration of governance without resorting to the drastic measure of dissolving the assembly. It is a tool to be used when no party can form a government, and it can be kept in place for a reasonable period, although there is no specified time limit.

However, it is important to note that the concept of suspended animation has been criticised for lacking explicit mention in the Constitution, creating ambiguity and potentially leading to politically motivated decisions.

The Lt. Governor can invoke it if no party can form a government

In the Indian Constitution, the term "suspended animation" refers to a state of inactivity or a cooling period. In the context of government formation, it means that the legislative assembly is granted a temporary cessation, resembling a state of death, until a government can be formed.

In the case of a hung assembly, where no single party or coalition can form a government, the Lt. Governor has the power to invoke suspended animation. This means that the Lt. Governor can choose to keep the Assembly inactive and prevent it from functioning until a government can be formed. This option is only valid if government formation is possible, and it should not exceed a reasonable period.

The Lt. Governor's role in this situation is to act as a caretaker, ensuring that the Assembly remains intact and functional until a party or coalition can come together to form a government. By invoking suspended animation, the Lt. Governor can buy time for political negotiations and deal-making to occur, allowing for the potential formation of a stable government.

The invocation of suspended animation by the Lt. Governor can be seen as a way to maintain stability and prevent political chaos during a period of uncertainty. It allows for a cooling-off period, where parties can work together to find a solution, rather than rushing into a decision that could have negative consequences for the state.

However, it is important to note that the Lt. Governor's power to invoke suspended animation is not without limitations. While there is technically no time limit set for how long the Assembly can remain under suspended animation, it is expected that this period should be reasonable. The Lt. Governor must also ensure that the Assembly is not dissolved, as this would require the involvement of the Election Commission, which can only act in cases of vacancy or dissolution of the House.

Explore related products

The Changing Constitution: Constitutional Law in the Trump-Era Supreme Court

$36.07 $39.99

The United States Constitution: Law, Policy, and Society (Aspen Criminal Justice Series)

$142.45 $149.95

An Introduction to Constitutional Law: 100+ Supreme Court Cases Everyone Should Know

$26 $34.95

Introduction to the Study of the Law of the Constitution

$9.99 $14.5

Constitutional Law: a QuickStudy Laminated Reference Guide

$8.32 $8.95

The U.S. Constitution: Explained--Clause by Clause--for Every American Today

$9.97 $12

It can be used as a temporary measure to prevent a breakdown of constitutional machinery

Suspended animation in the Indian Constitution refers to the temporary cessation of an assembly's functions. This can occur when there is a failure of constitutional machinery and Article 356 of the Indian Constitution is invoked. In this context, it means that the assembly is kept inactive for a period to prevent its dissolution and allow for a resolution to a political crisis.

Article 356 gives the Union government the power to assert its authority over a state if civil unrest occurs and the state government cannot manage it. This is to preserve the unity and integrity of the nation. However, it has been criticised as a threat to the federal state system, as it can be misused by ruling parties to dissolve state governments led by political opponents.

The Sarkaria Commission Report on Centre-State Relations 1983 recommended that Article 356 be used sparingly and only as a last resort to prevent or rectify a breakdown of constitutional machinery. Suspended animation can be a useful tool in this regard, as it provides flexibility and allows time for a political resolution to be found without the need for immediate fresh elections.

For example, in Arunachal Pradesh in 2016, the Supreme Court ruled that the imposition of President's Rule was unconstitutional, and the assembly was placed under suspended animation to allow for a resolution to be found. This approach can help to avoid the arbitrary dissolution of assemblies and maintain stability in times of political crisis.

In conclusion, suspended animation can be an effective temporary measure to prevent a breakdown of constitutional machinery. It allows for a cooling-off period, during which the political situation can be assessed and resolved without the need for immediate elections or dissolution of the assembly.

It is seen as a threat to the federal state system due to the powers it grants the President

The Indian Constitution establishes the structure of the Indian government, outlining the relationship between the federal government and state governments. The legislative powers are divided between the Union List (powers conferred upon the Union government), the State List (powers conferred upon the State governments), and the Concurrent List (powers shared among them). This federalism is designed to be symmetrical, with the devolved powers of the constituent units envisioned to be the same.

However, certain provisions in the Constitution have been criticised for granting excessive powers to the President and the central government, threatening the federal state system. One such provision is Article 356, which allows the President to impose Presidential rule in a state if the constitutional machinery breaks down. This was infamously misused in 2016 when the Governor of Arunachal Pradesh imposed the President's Rule despite the presence of an elected government in the state. The Supreme Court deemed this decision unconstitutional, highlighting the potential for abuse of power by the central government.

Furthermore, the President's power to proclaim a financial emergency under Article 360 has raised concerns. While no financial emergency has ever been declared, the lack of guidelines defining such an emergency leaves room for interpretation and potential misuse. The President's role in establishing a Finance Commission every five years to recommend the devolution of Union revenues to state governments also impacts the federal structure.

The office of the Governor, appointed by the central government through the President, has also been a sensitive issue. Governors are generally not residents of the state, and their role has sometimes posed a threat to the federal character of the Indian Union. The central government's visible arbitrariness in misusing this constitutional office has sparked debates and divergent opinions.

Differences in economic standards and relative economic and fiscal incompatibilities among the states also pose a challenge to federalism. The demand for financial equality and economic development creates a dilemma, as it may come at the cost of national income growth. Regionalism and the demand for more states, such as the formation of Telangana in 2014, further threaten the federal structure.

Frequently asked questions