Parliament – Sessions, Procedures, Motions, Committees etc

How do Emergency Provisions impact Centre-State relations?

Explained | Polity | Mains Paper 2: Federalism
Note4Students

From UPSC perspective, the following things are important :

Prelims level: Emergency;

Mains level: Impact of emergency on Faderalism;

Why in the News?

The recent surge in violence in Manipur has reignited discussions on Centre-State relations and the use of emergency provisions by the Centre.

What is the federal structure of governance in India?

  • Federal System with Centre-State Powers: India follows a federal structure of governance where powers are divided between the Centre and the States. The Seventh Schedule of the Constitution demarcates subjects under the Union List, State List, and Concurrent List, defining respective jurisdictions.
  • State’s Domain on Law and Order: Maintenance of law and order is primarily the responsibility of State governments, aligning with the decentralized governance model of federalism. States are sovereign in areas assigned to them by the Constitution.
  • Cooperative Federalism: India’s federal structure also emphasises cooperative federalism, where both the Centre and States work together on certain subjects, particularly in the Concurrent List.

How do Articles 355 and 356 affect Federalism?

  • Article 355 (Duty of the Centre): Article 355 places a constitutional duty on the Union to protect States from external aggression and internal disturbance and to ensure governance as per the Constitution.
  • Article 356 (President’s Rule): Article 356 allows the Centre to impose President’s Rule in a State if there is a failure of the constitutional machinery. This provision can undermine federalism if misused, as it enables the Centre to dismiss a State government and take over its administration.
  • Impact on Federalism:
    • Cooperative Federalism: Article 355 allows the central government for intervention in state matters, which can be seen as a deviation from cooperative federalism.
    • Central Overreach: Historically, Article 356 was often misused to dismiss State governments, leading to concerns over central overreach and the undermining of State autonomy.
  • Judicial Safeguards: The S.R. Bommai case (1994) limited its misuse by subjecting it to judicial review, ensuring it is invoked only in cases of a breakdown of constitutional governance, not merely law and order issues.

Way forward: 

  • Sarkaria Commission (1987): Suggested that Article 355 grants the Union both the duty and the authority to act to ensure constitutional governance in the States.
  • National Commission to Review the Working of the Constitution (2002): Reinforced the need for careful use of emergency provisions, emphasizing the role of Article 355 in providing support and corrective measures.
  • Punchhi Commission (2010): Advocated for the use of Article 356 only in the most critical circumstances and stressed the importance of using Article 355 to address issues before considering the President’s Rule.

Mains PYQ:

Q Under what circumstances can the Financial Emergency be proclaimed by the President of India? What consequences follow when such a declaration remains in force? (UPSC IAS/2018)

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