But now we have rejected such a formula and we have adopted this federal constitution with autonomous States. Therefore you must at least treat the States with some respect. I would, therefore, suggest that you must modify this Article 278. Under this, you have given the power that Parliament can confirm the Proclamation after every six months and thus for three years the Proclamation could be continued. What happens during these three years? Take for instance my own province of the United Provinces. Suppose the President decided-I do not know on what grounds, may be on information from the C. I. D.-suppose the President decided to proclaim a state ‘of emergency, divested the Ministry and the Governor and the Legislature of all power and took all powers to himself and to the Parliament, then he might put some nominee of his own to rule that province. Now, for three years he can go on in this manner and after every six months he can get the Proclamation passed. But what happens after three years? After three years, when his powers are exhausted, will that same legislature and the same ministry come in? Suppose you commenced this process after six months of the commencement of the legislature, and you carry on for three years. So three and a half years are over. Then one and a half years remain and afterwards the same Governor will come in and the same Ministry will come in. After having been divested of power for three years, do they become abler and wiser then? I think there is a very grave lacuna in this Constitution. We are just seeing the trouble in West Bengal; we are hoping that new elections will be held there and a new Ministry formed. Therefore I want that the President should be authorised to dissolve the legislature, to have new elections held and to have a new Ministry formed there, so that after eight months at least that Province might have a better and new Ministry. The same legislature, the same Ministry, which was supposed to be incompetent for three years, whose powers have been taken over by the President, will it be able to govern the Province for a single day? If it is not, where is the power to dissolve the legislature or put in another Ministry? There is no such power. There is a grave omission in this Article and it should be rectified. I therefore suggest an amendment by adding a proviso to clause (4) which says :-
“Provided that the President may if he so thinks fit order at any time during this period a dissolution of the State legislature followed by a fresh general election, and the Proclamation shall cease to have effect from the day on which the newly elected legislature meets in session.“