Centre-State Relations and Emergency Provisions in India

• India’s federal system divides powers between the Union and State governments, with States responsible for maintaining law and order.
• Emergency provisions are provided in Part XVIII of the Constitution, specifically Articles 355 and 356.
• Article 355 mandates the Centre to protect States from internal and external threats, while Article 356 permits the imposition of the President’s rule if a State’s government fails to function according to the Constitution.
• Article 355 was incorporated to check any arbitrary or unauthorised use of Article 356.
• Courts have ruled that Article 356 should only be imposed in the event of a breakdown of constitutional machinery, not for political reasons.
• The scope of actions under Article 355 has been widened by Supreme Court rulings, allowing all statutorily and constitutionally available actions by the Union to discharge its duties of protecting the State and ensuring its governance is in accordance with the Constitution.
• The Sarkaria Commission on Centre-State Relations (1987), the National Commission to Review the Working of the Constitution (2002), and the Punchhi Commission on Centre-State Relations (2010) have opined that Article 355 imposes a duty on the Union and grants it the power to take necessary actions for the effective performance of that duty.
• The situation in Manipur is grave, with large-scale violence against innocent civilians, looting of ammunition, and drone and missile attacks targeting civilians.
• Under Article 355, all possible instructions and actions should continue to be pursued to restore normalcy at the earliest.