Article 353 of the Indian Constitution elucidates the profound consequences that arise upon the proclamation of a National Emergency. It essentially broadens the scope of the Union’s executive and legislative powers, enabling the central government to exercise greater control over the states during such critical periods. This article acts as a crucial mechanism for ensuring national unity and effective governance when the security of India or any part thereof is threatened.
Original Text
353. Effect of Proclamation of Emergency
While a Proclamation of Emergency is in operation, then—
(a) notwithstanding anything in this Constitution, the executive power of the Union shall extend to the giving of directions to any State as to the manner in which the executive power thereof is to be exercised;
(b) the power of Parliament to make laws with respect to any matter shall include power to make laws with respect to any of the matters enumerated in the State List.
Detailed Explanation
Article 353 details the ramifications of a Proclamation of Emergency on the federal structure of India. It encompasses two principal effects:
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Extension of Union’s Executive Power: Clause (a) grants the Union government the power to issue directives to any state concerning the manner in which the state’s executive power is to be exercised. This empowers the Union to ensure uniformity of action and adherence to national policies during emergencies. The Union can guide the States on matters that would ordinarily fall within the State’s exclusive domain.
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Extension of Parliament’s Legislative Power: Clause (b) expands the legislative competence of the Parliament. During an emergency, Parliament gains the power to legislate on any matter enumerated in the State List. This effectively suspends the usual division of legislative powers between the Union and the States, enabling Parliament to enact laws needed to address the emergency situation effectively. However, laws enacted by Parliament on State List matters during an emergency cease to have effect six months after the proclamation ceases to operate, except for things done or omitted to be done before the expiry of the said period (as per Article 357).
Detailed Notes
- Trigger: The article comes into effect only when a Proclamation of Emergency is in operation under Article 352.
- Executive Direction: The Union’s power to give directions to States is not unlimited. These directions must be related to the emergency’s management and ensuring national security and unity.
- Parliamentary Legislation: Parliament can legislate on any matter in the State List during an emergency, but this power is temporary and ends six months after the emergency ceases to exist, subject to Article 357.
- Federalism Suspension: Article 353 signifies a temporary suspension of the normal federal structure, allowing the Union to exercise greater control for the duration of the emergency.
- Judicial Review: The exercise of powers under Article 353 is subject to judicial review. The courts can examine whether the directions given by the Union are related to the emergency and whether the laws passed by Parliament are within the scope of the emergency.
- Balance of Power: The Article attempts to strike a balance between the need for centralized control during an emergency and the preservation of the federal structure. The extended powers are only temporary and subject to limitations.
- Impact on State Autonomy: The article considerably reduces the autonomy of states during an emergency, allowing the Union to direct their executive actions and enabling Parliament to legislate on matters within their exclusive jurisdiction.
- Article 357: The operation of laws enacted under Article 353(b) is further clarified by Article 357, which pertains to the exercise of legislative powers under a Proclamation under Article 356 (President’s Rule) but also has implications for laws made under Article 353 because those laws can potentially be continued even after the emergency is lifted if Parliament delegates the power to the President under Art 357.
Additional Comments
- The powers conferred by Article 353 are extraordinary and are intended to be used only in situations where the security of India or any part thereof is threatened.
- The article is designed to enable the Union to take swift and effective action to deal with the emergency.
- The temporary alteration of the federal balance under Article 353 is subject to constitutional safeguards, including judicial review and the time limit on the extended powers.
- The phrase “notwithstanding anything in this Constitution” underscores the overriding effect of this article during an emergency. However, fundamental rights guaranteed under Article 20 and Article 21 cannot be suspended even during an emergency.
Summary
Upon the proclamation of a National Emergency, the Union’s executive authority expands to direct state actions, and Parliament gains the power to legislate on subjects listed in the State List. This shift in power is temporary, designed to ensure effective governance during the crisis, but is subject to judicial review and other constitutional safeguards.