EMERGENGY PROVISION: POLITY
NEWS: How
do emergency provisions impact Centre-State relations?
WHAT’S IN THE NEWS?
What is the federal
structure of governance in India? How do Articles 355 and 356 affect
federalism?
Federal
Structure of India:
·
India
follows a federal system with distinct governments at the Centre and States.
·
The
Seventh Schedule distributes powers between the Union and States, with law and
order being a State responsibility.
Emergency
Provisions:
·
Part
XVIII of the Constitution covers emergency provisions, including Articles 355
and 356.
·
Article 355: Centre’s
duty to protect States from external aggression and internal disturbances, and
ensure State governments function according to the Constitution.
·
Article 356:
Imposition of President’s rule when a State government cannot function
constitutionally.
Purpose
of Article 355:
·
Dr. B.R.
Ambedkar incorporated Article 355 to justify the Centre’s intervention under
Article 356 only in cases of constitutional obligation, preventing arbitrary
use of power.
Judicial
Interpretation of Article 356:
·
Article
356 was misused to dismiss State governments until the S.R. Bommai case
(1994), which limited its use to cases of constitutional breakdown, not
mere law and order issues.
- Article 356 is subject to
judicial review and should not be used for political reasons.
- The Supreme Court has
broadened the scope of Article 355 to allow necessary actions to protect
States and ensure constitutional governance.
Commissions’
Recommendations:
·
Sarkaria Commission (1987), National Commission to Review the Constitution
(2002), and Punchhi Commission (2010) advised using Article 356 as a
last resort and emphasized the Centre's duty under Article 355.
Manipur
Crisis:
·
The
violence in Manipur represents a severe constitutional and law-and-order
crisis.
·
Political
considerations may prevent invoking Article 356, but actions under Article 355
must continue to restore peace.