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Tuesday, August 24, 1999

NDA divided on Article 356

Sharad Gupta  
NEW DELHI, AUG 23: Differences have cropped up among National Democratic Alliance constituents over Article 356 of the Constitution providing for President's Rule in any state after dismissal or suspension of the State Government.

While BJP wants to retain the `most abused article', its ally DMK in its supplementary manifesto released two days ago in Chennai, called for complete abrogation of the Article. The Telugu Desam party and Akali Dal have already opposed the Article publicly.

Some Akali Dal MPs had even opposed Centre's move to promulgate President's Rule in Bihar last year. The move was shelved first time after the President sent it back to the Government for reconsideration and second time the RJD Government was bailed out in Lok Sabha by the Congress.

Arun Jaitley, the BJP spokesman today admitted that Art. 356 was the most abused article of the Constitution and urgently needed an amendment. Asked why was NDA manifesto silent on the issue Jaitley said: `NDA manifesto promises a review of theConstitution and the first issues which it should take up is an amendment in Art. 356 and Schedule 10 of the Constitution (Anti-defection Law)'.

There may be a desirability in retaining Art. 356 but amendment should be made to institutionalise mechanism to prevent its misuse, Jaitley said.

The party also wants to amend Anti-defection Law so that membership of those changing loyalty after being elected should be immediately terminated and they should be asked to seek fresh election.

Asked about opposition to the Article from allies like TDP, DMK and Akali Dal, Jaitley said a consensus would be evolved after the elections. Existence of the Article was necessary to prevent an armed rebellion or forcible takeover of a state government by an extremist group, BJP leaders feel.

Copyright © 1999 Indian Express Newspapers (Bombay) Ltd.


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