60 SOCIAL SCIENTIST Presidential Prerogative The constitution uses typically bourgeois methods of drafting the fundamental law in that it employs terms, phrases, concepts and arrangements which are not free from uncertainty and ambiguity. It is verv much true of Article 74 which reads: "There shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions59. This provision does not make clear whether the President is bound by the advice of the Council of Ministers. Arguments based on the parliamentary system of government borrowed from the British Constitution are marshalled for the view that the Indian President is in the position of the British monarch and, therefore, he is bound by the advice of the Council of Ministers. So far, the Constitution has worked in this fashion without a hitch but a legalistic view which gives substantial powers to the President cannot be ruled out, and when an emergency arises, the bourgeoisie is bound to take up the latter position. Under Article 85 (2), the President is empowered to prorogue the Lok Sabha or Rajya Sabha or both the Houses or to dissolve the Lok Sabha. He can dissolve the elected parliament and dismiss the Prime Minister and the Cabinet. ^ Similarly, the State Governor serves at the pleasure of the President, that i^, of the Prims Minister and the Cabinet of the central government. Article 200 gives powers to the Governor to reserve a Bill passed by an elected Legislative Assembly and(indirectly elected) Legislative Council for the assent of the President. The G3vernor who is not elected by the people is also authorized by the constitution to dissolve the Legislative Assembly at his discretion. Such undemocratic powers are kept in reserve by the bourgeoisie to be used when its interests are in jeopardy. State of Emergency In fact, Part XVIII which specifies emergency powers is a clear negation of the constitution. The rationale for emergency powers is state security when the country is under attack or invasion from outside. Though there is no external aggression at present, the State of Emergency is in force and is not likely to be lifted in the foreseeable future. Once emergency is declared, the bourgeoisie casts off the democratic mask and comes out in its true colours. The central executive is entitled to give directions to the states which they are compelled to obey. All democratic rights are taken away. The central parliament can make laws with respect to all matters which fall within the jurisdiction of the states. Thus the rights of the states also can no longer be exercised. Article 356 is designed to topple an opposition party which may come to power in any state, whenever the government party at the centre wants to do so. Under Article 356, as many as 35 state ministries have been bought down under the President's rule so far. The Namboodiripad ministry in Kerala in 1959 and the Ajoy Mukherjee ministry more recently