Choose the correct statement(s) regarding the effects of a National Emergency on Centre-State relations.
(i) The Parliament becomes empowered to make laws on subjects in the State List during a National Emergency.
(ii) The executive power of the Centre extends to directing states on any matter during a National Emergency.
(iii) The state legislatures are suspended during a National Emergency.
A(i) and (ii) only
B(ii) and (iii) only
C(i) and (iii) only
DAll are true
Answer:
A. (i) and (ii) only
Read Explanation:
Effects of National Emergency on Centre-State Relations
A National Emergency, proclaimed under Article 352 of the Indian Constitution, significantly alters the normal federal distribution of powers, tilting the balance heavily in favour of the Centre. This transformation is from a federal to a unitary system during the emergency period.
Legislative Relations
During a National Emergency, the Parliament becomes empowered to make laws on any subject enumerated in the State List (List II of the Seventh Schedule). This is a temporary but crucial deviation from the usual division of legislative powers.
It is important to note that the state legislatures are not suspended or dissolved. They can continue to legislate on State List subjects, but if there is a conflict between a state law and a parliamentary law on a State List subject, the parliamentary law prevails.
Any law made by Parliament under this provision ceases to have effect on the expiration of six months after the National Emergency has ceased to operate.
Executive Relations
The executive power of the Centre extends to directing any state regarding the manner in which its executive power is to be exercised. This implies that the states are brought under the complete and direct control of the Central government in executive matters.
The Centre can issue directions on any matter, and states are constitutionally bound to comply with these directions. Failure to comply can lead to the imposition of President's Rule under Article 356.
Financial Relations
The President can, by order, modify the constitutional provisions regarding the distribution of revenues between the Union and the states.
Such an order must be laid before both Houses of Parliament and continues until the end of the financial year in which the Emergency ceases to operate.
Important Distinction: State Legislature's Status
It is a common misconception that state legislatures are suspended or dissolved during a National Emergency. This is incorrect. State legislatures continue to function, and state governments are not dismissed.
Suspension or dissolution of state legislatures and dismissal of state governments occur during a State Emergency (President's Rule) under Article 356, not during a National Emergency under Article 352.
Key Facts for Competitive Exams
A National Emergency can be proclaimed on the grounds of war, external aggression, or armed rebellion. The term 'armed rebellion' replaced 'internal disturbance' by the 44th Amendment Act of 1978.
The proclamation requires a written recommendation from the Union Cabinet to the President.
It must be approved by both Houses of Parliament by a special majority within one month.
The emergency can be continued for an indefinite period with parliamentary approval every six months.
India has witnessed National Emergencies three times: 1962 (Sino-Indian War), 1971 (Indo-Pak War), and 1975 (Internal disturbance)