Constitutionality Of The Dismissal Of The First Communist Ministry In Kerala
Keywords:
constitution, Communist, oppositionAbstract
In the first general election held to the Kerala State Legislative Assembly in February-March 1957, the Communists won sixty seats out of 126. With the support of five independents, the Communists formed government under the leadership of E.M.S. Namboodiripad on 5 April 1957. But the ministry was short lived. It was dismissed on 31 July 1959 by the President of India under Article 356 of the Constitution of India. There is no unanimity on the constitutionality of the dismissal of the first Communist ministry in Kerala and it has been differed according to the political views of the authors. Nor has the previous studies analysed the options available to the Union Government other than the dismissal of the ministry. The present paper fills this gap through the examination of the Constituent Assembly Debates and the intention of the framers of the constitution behind the inclusion of the articles empowering the Union of India to intervene in States.
References
The Hindu, 1 August 1959.
Ibid.
The Lok Sabha Debates, Appendix II, 17 August 1959, pp382-387.
Ibid.
E.M.S. Namboodiripad, Who is Out of Tune?, Communist Party Publication, Trivandrum, 1959, pp1-14.
Keesings Contemporary Archives-Weekly Record of World Events, 26 September-3 October, 1959, p17021.
Memorandum submitted to the President of India by the Kerala Pradesh Congress Committee, Trivandrum, 1959, pp1-31.
The Hindu, 26 August 1959.
Ibid.
The Rajya Sabha Debates, Vol. XXVI, 25 August 1959, pp1759-62.
The Hindu, 26 August 1959.
Ibid.
Asian Recorder, Vol. V, No.33, 15-21 August 1959, p2860.
Ibid., p2829.
Keesings Contemporary Archives-Weekly Record of World Events, 26 September-3 October 1959, p17021.
The Times of India, 18 September 1959.
Article 352 of the Constitution of India.
D.D. Basu, An Introduction to the Constitution of India, Agra, 2001, p357.
Fusillade in Kerala, The Kerala Liberation Movement, Ernakulam, 1959, p27.
Article 355 of the Constitution of India.
Constituent Assembly Debates, Vol. IX, p133.
Section 4 of Article IV of the Constitution of the United States of America.
Commission on Centre-State Relations, (Sarkaria Commission), Part I, 1988, p167.
J.N. Pandey, Constitutional Law of India, Allahabad, 2000, p631.
The Times of India, 21 July 1959.
Constituent Assembly Debates, Vol. IX, p133.
Commission on Centre-State Relations, op. cit., p179.
Article 356 of the Constitution of India.
Ibid.
Constituent Assembly Debates, Vol. VIII, pp424-469.
Section 93 of the Government of India Act, 1935.
V.R. Krishna Iyer, The Accuser, Judge and the Executioner, Indian Constitution and the Central Intervention, Communist Party Publication, Trivandrum, 1959, p17.
Ibid.
Constituent Assembly Debates, Vol. IX, p177.
Ibid.
Constituent Assembly Debates, Vol. IX, p133
Ibid., p143.
Ibid.
The Times of India, 3 August 1949.
J.R. Siwach, The Indian Presidency, Delhi, 1971, p231.
Constituent Assembly Debates, Vol. IX, pp176-77
Ibid.
Ibid.
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