Effect of the Proclamation of National Emergency (Articles 353–354)

At a Glance

• What it is The changes in Centre-state relations and legislature terms during a National Emergency
• Articles Article 353 and Article 354 (Part XVIII)
• Heads Executive, legislative, financial and the life of legislatures
• Result The Constitution works as a unitary system
• Exam link UPSC Prelims, Polity: Emergency Provisions

Where Does It Fit?

This is the second topic of the category on Emergency Provisions. A proclamation of Emergency has drastic and wide-ranging effects on the political system. They can be grouped into three categories: effect on Centre-state relations, effect on the life of the Lok Sabha and state assemblies, and effect on Fundamental Rights, which is covered in 10.5.

Executive Effect

During a National Emergency, the executive power of the Centre extends to directing any state regarding the manner in which its executive power is to be exercised. In normal times, the Centre can give executive directions to a state only on certain specified matters. During the emergency, the Centre is entitled to give directions on any matter. The state governments are brought under the complete control of the Centre, though they are not suspended.

Legislative Effect

Parliament becomes empowered to make laws on any subject in the State List. The legislative power of a state legislature is not suspended, but it becomes subject to the overriding power of Parliament. The normal distribution of legislative powers between the Centre and states is suspended; in brief, the Constitution becomes unitary rather than federal.

The laws made by Parliament on state subjects become inoperative six months after the emergency has ceased to operate. While the proclamation is in operation, the President can issue ordinances on state subjects also if Parliament is not in session. Parliament can also confer powers and impose duties on the Centre or its officers in respect of matters outside the Union List, to carry out the laws made under its extended jurisdiction. The 42nd Amendment Act of 1976 provided that these executive and legislative consequences extend not only to a state where the Emergency is in operation but also to any other state.

Financial Effect

While a National Emergency is in operation, the President can modify the constitutional distribution of revenues between the Centre and the states. This means the President can either reduce or cancel the transfer of finances from the Centre to the states. Such modification continues till the end of the financial year in which the Emergency ceases to operate. Every such order of the President has to be laid before both Houses of Parliament. This is the effect of Article 354.

The Effects at a Glance

Taken together, these effects explain why the Constitution is described as federal in normal times and unitary in an emergency. Notably, the state legislature is not suspended; it continues to make laws, but where its law conflicts with a law made by Parliament under the extended jurisdiction, Parliament’s law prevails. Because of the 42nd Amendment, these consequences apply to every state and not only to a state where the emergency is in operation.

Effect on the Life of the Legislatures

For example, the term of the Fifth Lok Sabha (1971-1977) was extended two times by one year at a time. The House was due to expire on 18 March 1976, but it was dissolved on 18 January 1977 after existing for five years, ten months and six days.

Why Is This Topic Important?

• Unitary character The classic example of the Constitution turning unitary
• List questions Heads of effect are asked directly
• Link to 10.3 Compare with President’s Rule

What Came Next?

The next topic covers President’s Rule under Article 356.

Key People and Terms

• Article 353 Effect of proclamation on Centre-state relations
• Article 354 Distribution of revenues during emergency
• Overriding power Parliament’s law prevails over state law
• Ordinance on state subjects Possible during emergency
• Extension of life One year at a time

Exam Corner

Mains Angle

Questions on this topic usually ask how federalism changes in an emergency. Use these points to add depth.

• Three-way shift Executive, legislative and financial powers move to the Centre
• States not suspended They survive but remain subordinate
• Time limits Laws lapse after six months, extension ends six months after emergency
• Misuse concern Extended Lok Sabha term in 1976