Thread by @jsaideepak

The discussion earlier today on #BengalViolence

https://twitter.com/CNNnews18/status/1389564649050308611

Since some have asked me to explain the rationale behind invocation of Article 356 in the context of #bengalviolence, pls watch this video where I explain d position. Obviously d Supreme Court cannot impose emergency under Article 356 since that is d prerogative of d President.

Which is why what has been sought is a declaration that the constitutional machinery has broken down in the State of West Bengal within the meaning of Article 356, so that the President can take cognizance of it. Just clarifying. Not getting into a debate here on the subject.

Read Para 12.5 of the Prayer because it appears some are under the mistaken impression that we have requested the SC to impose emergency under Article 356, which it obviously cannot. The prayer is based on the presence of the words "or otherwise" in Article 356(1).

Art. 356(1)-If the President,on receipt of report from the Governor of the State or otherwise,is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with he provisions of this Constitution,the President may by Proclamation

Here's an extract from the Sarkaria Commission Report on the interpretation of "or otherwise" in Article 356(1). Hence our prayer to the SC to declare that d Constitutional machinery in West Bengal has broken down & to place the matter before the President for his consideration.

Here's what S. R. Bommai said on what material can the President rely before invoking Article 356(1). To those simply name dropping S R Bommai without reading it, read first and then you grandstand.

*can grandstand