Constitution allows the central government to intervene in state affairs during emergencies

Source: The post Constitution allows the central government to intervene in state affairs during emergencies has been created, based on the article “How do emergency provisions impact Centre-State relations?” published in “The Hindu” on 17th September is 2024

UPSC Syllabus Topic: GS Paper 2 – Indian Polity – Issues related to federal structure

Context: The article explains India’s federal system and how the Constitution allows the central government to intervene in state affairs during emergencies. It highlights the situation in Manipur, where despite severe violence, central intervention under Article 356 has not yet occurred.

For detailed information on Emergency read Article 1, Article 2

What is India’s Federal Structure?

India is a federation with two levels of government: the Centre and the States. The Constitution’s Seventh Schedule distributes power between these levels. Maintaining law and order is primarily the responsibility of State governments.

What are emergency provisions?

1. Emergency provisions are outlined in Part XVIII of the Indian Constitution.
2. Articles 355 and 356 are key provisions dealing with the Centre’s role in State governance.
3. Article 355 imposes a duty on the Centre to protect States from external aggression and internal disturbance.
4. Article 356 allows the imposition of the President’s rule if a state government cannot function according to the Constitution.
5. This provision has been misused in the past to remove elected governments for political reasons.

What has the judiciary ruled on Articles 355 and 356?

1. Article 356 was often misused to remove State governments for political reasons, leading to its controversial application.
2. In the S.R. Bommai case (1994), the Supreme Court restricted the misuse of Article 356, ruling that it should be invoked only in cases of a constitutional breakdown, not merely due to law-and-order issues.
3. The Court also established that the imposition of the President’s rule is subject to judicial review, preventing arbitrary use.
4. Article 355 was initially narrowly interpreted in the State of Rajasthan vs Union of India (1977), linking it to Article 356’s justification.
5. Later rulings, such as Naga People’s Movement (1998) and Sarbananda Sonowal (2005), broadened the scope of Article 355, allowing more comprehensive actions to protect States and ensure their governance aligns with the Constitution.

What recommendations have been made?

Use of Article 356 as Last Resort: The Sarkaria Commission (1987), National Commission to Review the Working of the Constitution (2002), and the Punchhi Commission (2010) recommend that Article 356 be used only in cases of extreme urgency and as a last resort.

Article 355 Duties and Powers: These commissions recommend that Article 355 not only imposes a duty on the Union to protect States but also grants it the authority to take necessary actions to fulfill this duty.

Question for practice:

Discuss the role of Articles 355 and 356 in India’s federal structure and how the judiciary has limited their misuse.