The reduced frequency of invoking Article 365 by the Union Government in the mid-1990s can be attributed to a combination of legal and political factors. Legally, the Supreme Court's interpretations have set limitations on its application, while politically, the evolving dynamics of federalism and the strengthening of state governments have led to greater autonomy.

Q13. Account for legal and political factors responsible for the reduced frequency of using article 365 by the union government in the mid-1990s. 

Model Answer:

Introduction

Article 365 of the Indian Constitution deals with situations where a state government fails to comply with directives issued by the central government. In such a scenario, Article 365 empowers the President of India to take action. 

Body

The mid-1990s saw a significant decline in the central government's use of Article 365, which empowers the President to impose President's Rule in a state.  This shift can be attributed to a combination of legal and political developments. 

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Legal factors 

• Judicial Activism - The Supreme Court, particularly in the landmark S.R. Bommai vs Union of India case (1994), asserted its power to review the imposition of President's Rule. 
• The court set stricter standards requiring "material evidence" of a breakdown in constitutional machinery before invoking Article 365. This made it harder for the central government to arbitrarily dismiss state governments. 
• Constitutional Safeguards - The 44th Amendment Act (1978) added safeguards to prevent misuse of Article 365. These included requiring the imposition of President's Rule to be approved by both houses of Parliament within a specific timeframe. 
• Governor's Report - The Governor's report on the state's situation became crucial for justifying the President's Rule. A weak report could be challenged in court. 

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Political Factors

• Coalition Politics- The rise of coalition governments at the center since the mid-1990s made them more cautious about using Article 365 against regional governments, fearing a backlash from their allies.
• Rise of Regional Parties -The strengthening of regional parties reduced the dominance of national parties at the state level. This made it more difficult for the central government to justify imposing President's Rule, as regional parties could frame it as an attack on federalism.
• Increased civil society activism - Growing public awareness and potential international criticism for misusing Article 365 further discouraged the central government from resorting to it.
• International Pressure - Potential international criticism for undermining democratic processes added pressure for responsible use.
• Inter-State Council - The establishment of Inter-State Councils in 1990 fostered a platform for better communication and cooperation between the center and states, potentially reducing situations requiring President's Rule. 

Conclusion

This shift reflects a maturing Indian democracy with a stronger emphasis on cooperative federalism and respect for state autonomy.

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