I was saying that the President should be empowered to act only on the receipt of a report from the Governor or Ruler of a State. I would say here that we have deliberately altered the language as it stood in relation to Article 188 and made it. far more elastic. The original draft Article 278 stated that on receipt of a Proclamation, issued by the Governor of a State under Article 188, if the President is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of this Constitution etc., etc…. Let us turn to Article 188 and see what it stated. It is now sought to be deleted and I hope it will be deleted; there is no quarrel about that. If the House will have the patience to turn to Article 188, that Article stated that the Governor of a State must be satisfied that a grave emergency has arisen which threatens the peace and tranquility of the State and that it is not possible to carry on the government of the State in accordance with the provisions of this Constitution. That was the scheme visualised in Article 188 and Article 278 was a sequel to Article 188. Today, Article 278 does not, to my mind, to my untrained legal or constitutional mind, bear the full impress of Article 188. In the proposed new Article, it is sought to be laid down, “if the President is satisfied on receipt of a report from the Governor or Ruler of a State or otherwise that the government of the State cannot be carried on in accordance with the provisions of this Constitution.” There is no reference to the peace and tranquility of the State being jeopardised. Therefore, in this connection, I have got my amendment No. 225 of List IV (Second Week), which seeks to includes these words that the President must be satisfied that a grave emergency has arisen which threatens the peace and tranquility of the State, and that-not ‘or that’ -the government of the State cannot be carried on in accordance with the provisions of this Constitution. There are grave dangers lurking in the Article brought before us today. The dangers are that on the pretext of resolving a ministerial crises or on the pretext of purifying or reforming maladministration obtaining in a particular State, the President may have recourse to this Article 278. I am sure this Article is not intended for resolving any ministerial crisis that might arise in a particular State. For that the remedy lies elsewhere; the remedy lies in the dissolution of the legislature by the Governor and a reference to the electorate. The Governor is empowered by Article 153 to dissolve the legislature and order fresh elections. A mere crisis or a vote of no-confidence in the Ministry by the legislature, even a repeated vote does not, cannot empower the President of the Union Government to intervene and proclaim an emergency. Nowhere in this world has this been done. If you are going to set up a new precedent, you are welcome to do it; but let us be aware of the catastrophes that have followed in the wake of arming the executive with unnecessary, uncalled for, tyrannical, dictatorial powers. What has been the experience of the countries where the Executive have been armed with such powers? Yesterday, my honourable Friend Mr. T. T. Krishnamachari observed that these emergency provisions bear some resemblance to the Weimar Constitution, Article 48; but he missed the point that I made. I had sought to show that the very Article 48 of the Weimar Constitution of the Third Reich of Germany, was used by Herr Hitler to destroy democracy in Germany and to establish his dictatorship. All right; if we are aiming at that objective, if we in this country want dictatorship, I have no quarrel with them. Have it by all means; but say so; be honest; be straight; do not adopt subterfuges do not be crooked about your business. It does not behove us, it does not conform to our dignity to say one thing in one Article and say quite a different thing, and seek to annul it by another Article. I therefore think that this clause (1) of Article 278 should not stand as it is. I hope the House will bestow earnest consideration very serious thought, bring to bear its mature judgement upon the provisions of this clause (1) of Article 278 and amend it suitably. Otherwise, we are in for serious trouble in the future. We are laying ourselves open to snares and traps in our path wherein we shall be caught beyond any rescue. This whole Constitution will be in danger not so much from those who are agitating in the streets as from those who are in power, in case these Articles are adopted as they are. If the House wants such a thing to happen, let it say so. Let us not say in the Preamble that we shall have a democratic republic. We are here seeking to destroy the foundations of democracy. About 278-A I have no amendment as such but I would only say that Proclamation under Article 278 is issued only on rare occasions, i.e., when the President is satisfied on receipt of report from Governor or ruler of a State. “Or otherwise” should go. Otherwise the Ruler or Governor will be a mere sham and a mockery. Secondly, the report must satisfy the President not merely that the Government of the State cannot be carried on in accordance with the provisions of this Constitution, but also it should satisfy him that there is grave danger to the peace and tranquility of the State. Only in that eventuality should the President be clothed with this power to intervene in the affairs of a constituent State and not otherwise.
