How Emergency Provisions Affect Centre-State Relations in India?

Table of Contents

The recent violence in Manipur has reignited discussions around Centre-State relations and the use of emergency provisions by the Centre in India. This article explores how India’s federal system works and examines the impact of Articles 355 and 356 on the balance of power between the Centre and States.

India’s Federal Structure

India follows a federal structure with separate governments at the Centre and in the States. The Constitution’s Seventh Schedule distributes power between these two levels of government. Maintaining law and order is primarily the responsibility of State governments under this federal scheme.

Types of Emergencies in the Constitution

The Constitution of India provides for three types of emergencies:

National Emergency
Constitutional Emergency
Financial Emergency

What Are the Emergency Provisions?

Emergency provisions are outlined in Part XVIII of the Indian Constitution, with Articles 355 and 356 specifically addressing State governance.

Article 355 places a duty on the Centre to protect every State against external aggression and internal disturbances. It also ensures that State governments act according to constitutional principles.
Article 356 allows the Centre to impose the President’s rule in a State if its government fails to function according to constitutional norms. Unlike other federal countries like the U.S. and Australia, where the federal government protects states but cannot dissolve their governments, India’s Constitution uniquely permits this intervention.

B.R. Ambedkar, one of the Constitution’s chief architects, stressed that Article 355 was designed to check any arbitrary use of Article 356, highlighting the federal nature of India’s polity.

Judicial Interpretation of Articles 355 and 356

B.R. Ambedkar hoped that Articles 355 and 356 would remain “dead letters,” never requiring activation. However, Article 356 has been misused several times in the past to dissolve State governments, often due to political differences or alleged breakdowns in law and order. This misuse was curtailed following the Supreme Court’s landmark ruling in the S. R. Bommai case (1994). The court clarified that Article 356 should only be invoked in cases of a breakdown of constitutional machinery, not merely due to disturbances in law and order. Additionally, the imposition of President’s rule was made subject to judicial review, restricting its political exploitation.

The interpretation of Article 355 has also evolved over time. In the State of Rajasthan Vs Union of India (1977), the Supreme Court took a narrow view of Article 355 as merely justifying the use of Article 356. However, in later cases like Naga People’s Movement of Human Rights Vs Union of India (1998), Sarbananda Sonowal Vs Union of India (2005), and H.S. Jain Vs Union of India (1997), the court widened its scope. These rulings expanded the Centre’s ability to take all statutorily and constitutionally permissible actions to fulfill its duty of protecting States and ensuring their adherence to constitutional governance.

National Emergency

Grounds for Declaration

Can be declared based on war, external aggression, or armed rebellion.
Under Article 352, the President can declare a National Emergency if India’s security is threatened.
Can be declared before the actual occurrence of war or aggression.

Types of National Emergency:

External Emergency: Based on war or external aggression.
Internal Emergency: Based on armed rebellion (term added by the 44th Amendment; previously called “internal disturbance”).

Facts:

The 38th Amendment Act of 1975 made National Emergency declarations immune to judicial review. The 44th Amendment Act of 1978 reversed this.
Minerva Mills Case (1980): The Supreme Court held that National Emergency can be challenged in court on grounds of malafide or irrelevance.

Parliamentary Approval and Duration:

Must be approved by both houses of Parliament within one month of issuance.
If the Lok Sabha is dissolved during this period, the proclamation survives until 30 days after its reconstitution, provided the Rajya Sabha approves it.
If approved, the Emergency continues for 6 months and can be extended indefinitely with Parliament’s approval every six months.
Requires a special majority for approval or continuation.

Revocation of Proclamation:

Can be revoked by the President anytime without parliamentary approval.
Must be revoked if the Lok Sabha passes a resolution disapproving its continuation by a simple majority.

Effects of National Emergency:

1. Centre-State Relations:

Executive: Centre can give directions to states on any matter.
Legislative: Parliament can make laws on state subjects; laws become inoperative six months after the emergency ends.
Financial: The President can modify revenue distribution between Centre and states.

2. Life of Lok Sabha and State Assemblies:

Lok Sabha’s term can be extended for one year at a time during the emergency, not exceeding six months after it ends.

3. Fundamental Rights:

Article 19 Suspension: Automatically suspended; revived after the emergency.
44th Amendment: Article 19 can only be suspended during war or external aggression, not armed rebellion.

4. Article 359 Suspension: The President can suspend the right to move to court for enforcement of specified Fundamental Rights, excluding Articles 20 and 21.

Declarations Made:

Proclaimed three times: 1962, 1971, and 1975.
1962: Due to Chinese aggression.
1971: Due to Pakistan’s attack.
1975: Declared during internal political unrest; revoked in March 1977.

Financial Emergency

Grounds for Declaration

Article 360 empowers the President to declare a Financial Emergency if the financial stability or credit of India or any part of its territory is threatened.

Parliamentary Approval and Duration:

Must be approved by both Houses of Parliament within two months of issuance.
If the Lok Sabha is dissolved during this period, the proclamation survives until 30 days after the Lok Sabha’s first sitting post-reconstitution, provided the Rajya Sabha approves it.
Once approved, a Financial Emergency continues indefinitely until it is revoked.

Effects of Financial Emergency:

Union Authority Extension: The executive authority of the Union extends over the financial matters of the states.
Reduction of Salaries: The President can direct a reduction of salaries and allowances of any class of persons serving in the state.
Reservation of Financial Bills: All money bills or other financial bills passed by the state legislature can be reserved for the President’s consideration.
Union Salary Reduction: The President can order the reduction of salaries of those serving the Union and the judges of the Supreme Court and High Courts.

Recommendations and Current Scenario

Various commissions have reviewed Centre-State relations and the use of Articles 355 and 356:

The Sarkaria Commission (1987),
The National Commission to Review the Working of the Constitution (2002), and
The Punchhi Commission (2010)

All emphasized that while Article 355 grants the Union both a duty and the power to protect States, Article 356 should be a last resort used only in situations of extreme gravity.

The Case of Manipur

The situation in Manipur presents a complex challenge. Recent violence, attacks against civilians, and looting of police weaponry suggest more than a mere breakdown of law and order. While the gravity of the situation could warrant the use of Article 356, political considerations—especially since the ruling party is in power at both the Centre and State—have prevented its invocation. Nonetheless, the Centre can and should continue to use all possible measures under Article 355 to restore peace and normalcy in the State.