What’s in Today’s Article?

• Introduction (Context of the Article)
• Emergency Provisions (Articles 355 & 356, Historical Context, Judicial Interpretations, Recommendations from Commissions, Case of Manipur, etc.)

Introduction:

• The recent surge in violence in Manipur has reignited discussions on the Centre-State relations in India, particularly regarding the use of emergency provisions.
• These provisions allow the central government to intervene in the affairs of state governments under specific circumstances.

India's Federal Structure:

• India operates under a federal system, where governance is shared between the Centre and the States.
• The Constitution, through its Seventh Schedule, divides powers between the two levels of government.
• Law and order are primarily the responsibility of the State governments.
• However, in cases where there is a breakdown of governance, the Centre has the authority to intervene under certain emergency provisions.

Understanding Emergency Provisions:

• The emergency provisions are encapsulated in Part XVIII of the Constitution, specifically Articles 355 and 356.
• Article 355 mandates the Centre to protect states from external aggression and internal disturbances, while ensuring that state governments function according to the Constitution.
• Article 356 grants the Centre the power to impose President's Rule in a state if it fails to comply with constitutional norms.
• These provisions are unique to India, as similar federal systems like the U.S. and Australia do not allow the central government to remove state governments.

Historical Context and Judicial Interpretation:

• B.R. Ambedkar, while drafting these provisions, expressed hope that they would remain unused.
• However, Article 356 has been misused on numerous occasions to remove state governments, often for political reasons.
• It was only after the landmark 1994 Supreme Court judgment in the R. Bommai case that limitations were imposed on the use of Article 356.
  • The court ruled that it could only be invoked in cases of a constitutional breakdown, not merely for a law-and-order issue.
  • Additionally, the court emphasized that the imposition of President's Rule would be subject to judicial review.
• On the other hand, the scope of Article 355 has expanded through various court rulings.
• Initially interpreted narrowly, cases like Naga People's Movement of Human Rights vs Union of India (1998) have broadened its application, allowing the Centre to take a wider range of actions to fulfil its duty of protecting states.

Recommendations from Various Commissions:

• Several commissions have examined the use of emergency provisions in Centre-State relations.
• The Sarkaria Commission (1987), the National Commission to Review the Working of the Constitution (2002), and the Punchhi Commission (2010) all concur that Article 355 places a duty on the Union government, but any actions under Article 356 should be used as a last resort.
• They emphasize that it should only be invoked in extreme situations.

The Case of Manipur:

• The violence in Manipur has brought the issue of emergency provisions to the forefront once again.
• The situation in the state, marked by widespread violence, looting of police ammunition, and targeted attacks, goes beyond a simple law-and-order breakdown.
• Yet, despite the severity of the crisis, Article 356 has not been invoked.
• This is likely due to political considerations, as the same party holds power both at the Centre and the State.
• However, Article 355 is being utilized, and the Centre is taking steps to restore normalcy through various instructions and actions.

Conclusion:

• While India's federal structure emphasizes state autonomy, emergency provisions like Articles 355 and 356 give the Centre considerable power to intervene when necessary.
• However, these provisions must be used judiciously to maintain the delicate balance between the Centre and the States.
• The situation in Manipur highlights the complexities of this relationship, where political, constitutional, and legal factors all play a role in determining the extent of the Centre’s involvement.