Federal Structure

The role of the Union government in regulating and coordinating the functioning of the States, particularly through the use of Article 356 (President’s Rule) and other emergency powers, is a complex and often debated issue in India’s federal structure.

Use of Article 356 (President’s Rule):

• Article 356 of the Indian Constitution empowers the President, on the recommendation of the Union government, to impose direct central rule (President’s Rule) over a state if the President is satisfied that the governance of the state cannot be carried out in accordance with the provisions of the Constitution.
• The Union government has invoked Article 356 several times since independence, often on the grounds of political instability, constitutional breakdown, or failure of law and order in the state.
• The use of Article 356 has been a contentious issue, with concerns raised about the potential for misuse by the central government to dismiss state governments led by opposition parties.
• There have been debates and judicial rulings emphasizing the need to use Article 356 sparingly and only as a last resort, with clear justification and following the due process laid out in the Constitution.

Other Emergency Powers:

• Beyond Article 356, the Union government also has other emergency powers under Articles 352 (National Emergency), 360 (Financial Emergency), and 359 (Suspension of Fundamental Rights) of the Constitution.
• These powers allow the Union to exert greater control over the states during times of crisis, war, or financial distress.
• The use of these emergency powers has also been debated, with concerns around the potential for abuse and the need to balance national interests with state autonomy.

Debates and Suggestions:

• The appropriate use of these constitutional provisions remains an ongoing debate, with calls for clearer guidelines, stronger checks and balances, and greater transparency in their implementation.
• Suggestions include:
  • Limiting the use of Article 356 to only the most extreme and demonstrable cases of constitutional breakdown
  • Enhancing the role of the judiciary in reviewing the imposition of President’s Rule
  • Strengthening the federal structure by empowering states and limiting the Union’s ability to interfere in state affairs
  • Establishing clear criteria and due process for the invocation of emergency provisions

Overall, the Union government’s ability to regulate and coordinate the functioning of states through emergency powers is a critical aspect of India’s federal structure, but one that requires a delicate balance between national interests and state autonomy, with robust safeguards against potential misuse.