Effect of national emergency on Centre-state relations
Also called: Articles 250, 353 and 354 · Topic: Emergency Provisions and President's Rule · NCERT: Beyond NCERT
Meaning
During a national emergency, India's federation (a system where power is shared between the Centre and the states) becomes almost unitary, with power held mainly by the Centre. No amendment is needed for this. The change works at three levels:
- Executive: the Union can give directions to any state on any matter (Article 353(a)).
- Legislative: Parliament can make laws on State List subjects (Article 250). These laws stop working six months after the emergency ends.
- Financial: the President can change how revenue is shared between the Union and the states (Article 354). The change lasts until the end of the financial year in which the emergency ends, and the order must be laid before Parliament.
State governments and legislatures keep working, but under Union control.
Example
During a war-time emergency, Parliament could pass a law on a State List subject such as police, and the Union could direct a state on how to use its resources. Any state law that clashed with that Parliament law would give way.
Don't confuse with
- Article 249: Parliament makes laws on State List subjects in normal times after a Rajya Sabha resolution, valid for one year. No emergency is needed.
- President's rule (Article 356): the state government is removed altogether. In a national emergency it continues.