Federal Structure of Governance in India
Two-Tier System: India has a federal structure with a Central (Union) government and individual State governments.
The Constitution’s Seventh Schedule divides powers between the Union and States into three lists: Union List, State List, and Concurrent List.
States are primarily responsible for maintaining law and order and handling local governance.
Impact of Articles 355 and 356 on Federalism
Article 355:
The Centre must protect States from external aggression and internal disturbances.
Constitutional Compliance: Ensures that State governments function according to the Constitution.
Recent rulings have broadened its application, allowing more extensive Union actions to protect States and enforce constitutional compliance
Article 356:
Allows the imposition of President’s rule if a State’s government fails to function according to the Constitution.
Historically misused to dismiss State governments for various reasons, not strictly constitutional failures.
The Supreme Court’s 1994 S R Bommai case limited its misuse, ruling that it should only be used in severe constitutional breakdowns and is subject to judicial review.
Federalism and Emergency Provisions
Articles 355 and 356 are designed to maintain a balance between State autonomy and Central oversight, with safeguards against arbitrary use.
Article 355 provides a framework for Union intervention, while Article 356’s use is restricted to prevent misuse against States with functioning governments.
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