Federal Structure of Governance in India

• Federation Overview
  • India is a federal republic with power divided between the Central and State governments.
  • The Seventh Schedule of the Constitution delineates powers between the Union and States.
• State Responsibilities
  • States are primarily responsible for maintaining law and order within their jurisdictions.

Emergency Provisions

• Part XVIII of the Constitution
  • Articles 355 and 356 outline the emergency provisions.
• Article 355
  • Purpose: Duty of the Centre to protect States from external aggression and internal disturbance.
  • Ensuring Constitutional Operation: Centre must ensure that States operate in accordance with the Constitution.
• Article 356
  • Purpose: Allows imposition of President’s rule if a State government fails to function according to the Constitution.
  • Comparison: Unlike U.S. and Australia, India’s Constitution includes provisions for removing State governments.

Historical and Legal Perspectives

• B.R. Ambedkar’s View
  • Article 355’s Role: To prevent arbitrary use of Article 356.
  • Intended Use: Article 356 was expected to be rarely used.
• Judicial Rulings
  • S.R. Bommai Case (1994)
    • Article 356 should only be invoked for a breakdown of constitutional machinery, not just law and order.
    • Imposition of President’s rule is subject to judicial review and should not be politically motivated.
  • Evolution of Article 355
    • Initial Interpretation: Narrow view in State of Rajasthan Vs Union of India (1977).
    • Widened Scope: Expanded in later cases (e.g., Naga People’s Movement, Sarbananda Sonowal) to include all actions necessary for protection and constitutional compliance.

Recommendations and Current Context

• Commission Recommendations
  • Sarkaria Commission (1987), National Commission (2002), Punchhi Commission (2010)
    • Article 355 imposes a duty and grants power to the Union for effective performance.
    • President’s rule under Article 356 should be a last resort for extreme situations.
• Current Situation in Manipur
  • Violence and Disturbances: Large-scale violence, attacks on civilians, and looting.
  • Political Context: Same party in power at both Centre and State has led to non-invocation of Article 356.
  • Recommended Actions: Continued pursuit of Article 355 measures to restore normalcy.