Actual Article
Article 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 the power to make laws conferring powers and imposing duties, or authorizing the conferring of powers and the imposition of duties, upon the Union or officers and authorities of the Union as respects that matter, notwithstanding that it is one which is not enumerated in the Union List.
UPSC Notes for Article 353
Explanation:
- Extension of Union Executive Power: Article 353(a) allows the Union Government to direct any State on how to exercise its executive power during an emergency.
- Parliament’s Legislative Power: Article 353(b) empowers Parliament to make laws on subjects beyond the Union List, including subjects from the State List, during an emergency.
Key Points:
- Centralized Control: Enhances the central government’s control over states to ensure a unified response during emergencies.
- Legislative Flexibility: Expands Parliament’s legislative powers to address any issue necessary for managing the emergency effectively, even if it falls within the State List.
Important Cases and Commissions Related to Article 353
Cases:
- S.R. Bommai vs. Union of India (1994): The Supreme Court emphasized the need for strict scrutiny of the President’s proclamation of emergency and its consequences, reinforcing judicial oversight.
Commissions:
- Punchhi Commission (2010): Recommended measures to balance the Union’s emergency powers with state autonomy and suggested safeguards to prevent misuse of Article 353.
Important Reports Related to Article 353:
- Punchhi Commission Report: Provided recommendations for a balanced approach to emergency provisions, ensuring that states’ rights are protected while enabling effective emergency management.
Previous Year Prelims Questions Related to Article 353
- (UPSC Prelims 2016) What does Article 353 of the Indian Constitution empower the Union Government to do during an emergency?
A. Suspend fundamental rights
B. Direct any State on how to exercise its executive power
C. Amend the Constitution
D. Dissolve the State Legislature Correct Answer: B. Direct any State on how to exercise its executive power - (UPSC Prelims 2018) Under Article 353(b), what additional power does Parliament have during an emergency?
A. The power to override Supreme Court decisions
B. The power to make laws on State List subjects
C. The power to dissolve State Governments
D. The power to suspend the Constitution Correct Answer: B. The power to make laws on State List subjects
Previous Year Mains Questions Related to Article 353
- Mains 2016: “Discuss the implications of Article 353 on the federal structure of India during an emergency. How does it impact the balance of power between the Union and the States?”
- Mains 2019: “Evaluate the safeguards provided by the Indian Constitution to prevent the misuse of Article 353 during an emergency. How effective are these safeguards in protecting state autonomy?”
Additional Insights:
- Federal Implications: Article 353 significantly impacts the federal structure by centralizing power during emergencies, ensuring coordinated and effective responses.
- Judicial Oversight: Ensures that the use of Article 353 is subject to judicial scrutiny to prevent potential misuse and protect state rights.
- Balance of Power: Highlights the delicate balance between ensuring national security and maintaining the federal principles of governance.
Understanding Article 353 is crucial for UPSC aspirants as it provides insights into the constitutional provisions for extending Union executive and legislative powers during emergencies, highlighting the balance between national security and federal principles. This knowledge is essential for both preliminary and main examinations, offering a comprehensive understanding of the mechanisms ensuring effective emergency management and the preservation of state autonomy within the Indian Constitution.