Impact of Emergency Provisions on Centre State Relations

The recent spate of renewed violence in Manipur has once again triggered the discussion around Centre-State relations and the use of emergency provisions by the Centre.

India’s Federal Setup

• Federal Government: A federal government system is one in which powers and responsibilities are constitutionally divided between a central government and regional governments, typically states or provinces. 
  • In India’s federal system, this division is outlined in the Constitution, particularly in the Seventh Schedule, which categorises powers into the Union, State, and Concurrent lists.
• Key features of India’s federal structure include:
  • Division of Powers
  • Dual Government Structure: 
  • Supremacy of the Constitution
  • Independent Judiciary
  • Cooperative Federalism

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Constitutional Provisions for Emergency

The Constitution stipulates three types of emergencies-

• National Emergency: National emergency can be declared on the basis of war, external aggression or armed rebellion. 
  • The Constitution employs the expression ‘proclamation of emergency’ under Article 352, to denote an emergency of this type.
• State Emergency: State Emergency is also known as President’s Rule or Constitutional Emergency. 
  • It is declared under Article 356, when the governance of the state cannot be carried out in accordance with the provisions of the constitution.
• Financial Emergency: It is declared under Article 360, when the financial condition of the country is not in good shape.
  • Till date, Financial Emergency has not been declared in the country.

State Emergency

• Constitutional Provisions for Emergency in the State:
• • Article 355: It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution.
  • Article 356: Based on a report from the Governor of a State or otherwise, if the President is satisfied that a situation has arisen in which the government of a State cannot be carried on in accordance with the provisions of the Constitution. 
    • Article 356 confers power upon the Union to ensure that Article 355 becomes effective.
  • Article 365: It states that whenever a State fails to comply with or to give effect to any direction from the Center, it will be lawful for the President to hold that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution.

Proclamation of Emergency: President’s rule is declared by the President if he is satisfied that a situation has arisen in which the government of a state cannot be carried on in accordance with the provisions of the constitution.

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Safeguards on declaration of President’s Rule

• Parliamentary Approval: It must be approved by both the Houses within two months from date of issue.
• Process: Simple Majority
• If the proclamation is issued at a time when the Lok Sabha is dissolved or dissolution of Lok Sabha takes place during the period of two months without approving the proclamation.
  • Then proclamation survives until 30 days from the first sitting of Lok Sabha after its reconstitution, provided Rajya Sabha approves it in the meantime.
• Duration of President’s Rule: If approved by both the Houses, the President’s Rule continues for six months. 
  • It can be extended for a maximum period of three years with the approval of the Parliament, every six months.
• 44th Amendment Act (1978): Beyond one year, President’s Rule can be extended by six months at a time only when the two conditions are fulfilled:
  • Proclamation of National Emergency is there in whole or part of India;
  • The Election Commission must certify that general elections to the legislative assembly of the concerned state cannot be held on account of difficulties.
• Revocation: Proclamation may be revoked by the President at any time by a subsequent proclamation. Such a proclamation does not require parliamentary approval.

Impact of Emergency Provisions on Centre State Relations

• President Acquires Extraordinary Powers
  • Assumption of State Powers by the Central Government: The president can take up functions of state government and powers vested in the governor or any other executive authority in the state.
  • Parliament’s Authority Over State Legislature: The president can declare that powers of the state legislature are to be exercised by Parliament.
  • Suspension of Constitutional Provisions: The President can suspend certain constitutional provisions related to the state’s governance, including those pertaining to any authority or body, when deemed essential for restoring order or addressing emergencies.
• Other Effects:
  • Dismissal of State Council of Ministers: The President can dismiss the State Council of Ministers, but this action does not affect the powers of the High Court, ensuring judicial independence remains intact.
  • Administration by the Governor: In the absence of a functional state government, the Governor, representing the President, administers the state with the assistance of the Chief Secretary or advisors appointed by the President.
  • Dissolution or Suspension of State Assembly: Depending on the situation, the State Legislative Assembly may either be dissolved or suspended. In such cases, the powers of the State Legislature are transferred to Parliament or an authority designated by Parliament.
  • Delegation of Legislative Power: Under Article 357, Parliament can transfer legislative powers to the President, who may further delegate these powers to another authority as needed.
  • Authorization of State Expenditure: Parliament can empower the President to authorise spending from the State’s Consolidated Fund during a state emergency or President’s Rule.

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