During a state of emergency, particularly a National Emergency under Article 352 or a State Emergency (President’s Rule) under Article 356, there are significant impacts on the normal functioning of the federal structure in India, particularly in the realms of legislative, executive, and financial powers between the center and the states.
1. Legislative Powers:
a. National Emergency (Article 352):
- Expansion of Parliament’s Legislative Powers: During a National Emergency, the Parliament gains the power to make laws on subjects in the State List. This results in a significant expansion of legislative authority at the central level.
- Override of State Legislation: The laws made by Parliament during a National Emergency prevail over any conflicting state laws.
b. State Emergency (President’s Rule – Article 356):
- Parliamentary Legislation for the State: In the event of President’s Rule, the President can issue ordinances, and Parliament gains the authority to legislate on matters in the State List for the state under emergency.
- Override of State Legislation: Laws made by Parliament and ordinances issued by the President during President’s Rule take precedence over state legislation.
2. Executive Powers:
a. National Emergency (Article 352):
- President’s Executive Authority: The President, through the issuance of proclamations and orders, exercises executive authority during a National Emergency.
- Governor’s Role: The Governors of the states may continue to function, but their powers can be subject to the directions issued by the President.
b. State Emergency (President’s Rule – Article 356):
- Governor’s Role: The Governor, acting on behalf of the President, assumes executive authority in the state during President’s Rule. The elected state government is suspended.
- Central Control: The central government takes control of the state’s administration, and the President’s Rule overrides the usual functioning of the state executive.
3. Financial Powers:
a. National Emergency (Article 352):
- Financial Powers of the Center: The President can issue directions to the states regarding financial matters during a National Emergency.
b. State Emergency (President’s Rule – Article 356):
- Center’s Control Over State Finances: The President, through the Governor, can issue directions to the state regarding financial matters, including the distribution of revenues between the center and the state.
Additional Points:
- Parliamentary Approval: In both cases of National Emergency and State Emergency, any laws or orders issued during the emergency period need parliamentary approval.
- Judicial Review: The exercise of emergency powers is subject to judicial review to ensure that the provisions of the Constitution are not violated.
It is crucial to note that the impact on Centre-State Relations during emergencies is intended to be temporary, and the restoration of normalcy is expected once the emergency conditions cease to exist. The Constitution includes safeguards and checks to prevent misuse of emergency provisions and to uphold democratic principles and federalism.
