During emergency periods in India, the relationship between the central government (center) and state governments undergoes significant changes. The effects of emergencies, specifically National Emergency and State Emergency (President’s Rule), impact the distribution of powers, governance, and financial autonomy between the center and the states.
- National Emergency (Article 352):
- Legislative Powers: The central government gains the authority to legislate on matters enumerated in the State List. This means that the Parliament can make laws on subjects that are typically under the jurisdiction of the states.
- Executive Powers: The executive authority of the states is subordinated to the center. The President can issue directions to the states, and the state governments are required to comply with these directions.
- Financial Powers: The President can modify the distribution of revenues between the center and the states, ensuring a unified financial approach to address the emergency.
- State Emergency (President’s Rule – Article 356):
- Governance: The powers of the state government are transferred to the President or a Governor appointed by the President. The state legislative assembly can be dissolved, and the Governor exercises executive authority on behalf of the President.
- Legislative Powers: The Parliament can make laws on subjects in the State List, effectively taking over legislative functions that would otherwise be within the purview of the state legislature.
- Financial Powers: The President can issue directions to the state concerning the financial matters. The state’s financial decisions are subject to approval from the center during this period.
- Financial Emergency (Article 360):
- Financial Powers: The President can issue directions to the states to observe certain principles related to financial stability. This includes guidelines on revenue distribution, reduction of salaries, and allowances of government officials, ensuring a unified financial strategy.
In summary, the effects of emergencies on center-state relations involve a temporary centralization of powers and resources. The idea behind these provisions is to provide the central government with the necessary tools to deal with extraordinary situations threatening the security, governance, or financial stability of the country or a state. However, these measures are intended to be temporary, and normal federal relations are restored once the emergency is revoked. The Constitution also ensures that the use of emergency powers is subject to judicial review to prevent misuse and to safeguard the principles of federalism.
