Centre state relations during emergencies
Q. Which of the following is/are true?- Published on 24 Feb 17a. During national emergency, the states are brought under the control of the Union and state assembly is suspended.
b. During financial emergency, salaries of judges of high court can be reduced by the President.
c. a and b
d. None of the above
ANSWER: a and b
- Article 355 - It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution.
During the national emergency (under Article 352) -
- The Centre can give executive directions to a state on ‘any’ matter.
- The state is not suspended but is brought under complete control of the Centre.
- The president can cancel o change the constitutional distribution of revenues between the Centre and the states.
- Such changes continue till the end of the financial year in which the emergency ceases to operate.
- During President’s Rule (under Article 356) in a state, the President assumes power of the governor or any other executive authority as he pleases.
During financial emergency (under Article 360) -
- The Centre can order the states to observe laid down regulations while taking financial decisions.
- The President can even ask the reduction of salaries of high court judges, etc.
- The Union Government or the President can ask the states to reserve their financial bills including money bills for his consideration.
- Thus during emergencies Indian polity becomes unitary and the Union enjoys supreme powers.
