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.
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.