Centre-State Relations and Emergency Provisions: Legislative, Administrative, Financial Relations and Articles 352, 356, 360 for SSC

India is a federation with a strong Centre, and the relations between the Centre and the states, as well as the emergency provisions, are important for SSC polity. This guide on Centre-state relations and emergency provisions for SSC covers the legislative, administrative and financial relations, the commissions, the three kinds of emergency, the conditions for President’s Rule and the important cases, with practice questions and FAQs.

Legislative Relations (Articles 245 to 255)

• Residuary powers lie with the Union (Art. 248), as in the Canadian model.
• Parliament can legislate on a State List subject in five cases: (1) Rajya Sabha resolution by two-thirds (Art. 249) in the national interest; (2) during a National Emergency (Art. 250); (3) with the consent of two or more states (Art. 252); (4) to implement international treaties (Art. 253); (5) during President’s Rule (Art. 356).
• The 42nd Amendment (1976) transferred five subjects from the State List to the Concurrent List: education, forests, weights and measures, protection of wild animals and birds, and administration of justice.
• Art. 246A (101st Amendment, 2016) gave both Parliament and the states the power to levy GST.

Administrative Relations (Articles 256 to 263)

• The states must exercise their executive power so as to comply with the Union laws (Art. 256).
• The Centre can give directions to the states; the Governor is appointed by the Centre.
• All-India Services (IAS, IPS and IFS) are common to the Centre and the states (Art. 312).
• The Inter-State Council (Art. 263) was set up in 1990 on the recommendation of the Sarkaria Commission.
• Zonal Councils were set up under the States Reorganisation Act, 1956 (five zones: Northern, Central, Eastern, Western, Southern), and the North Eastern Council by an Act of 1971.
• Disputes on inter-state rivers are settled under Art. 262 by tribunals (for example the Cauvery Water Disputes Tribunal).

Financial Relations (Articles 268 to 293)

Commissions on Centre–State Relations

Emergency Provisions (Articles 352 to 360)

• National Emergency has been declared three times: 1962 (Chinese aggression), 1971 (war with Pakistan) and 1975–77 (internal disturbance, by Indira Gandhi on 25 June 1975).
• During the National Emergency, the state executive comes under the direction of the Centre, Parliament can make laws on the State List, and the term of the Lok Sabha can be extended by one year at a time.
• Article 358: Article 19 is automatically suspended during a war or external aggression emergency. Article 359: the President can suspend the enforcement of other Fundamental Rights, except Articles 20 and 21 (44th Amendment).
• The 44th Amendment (1978) made the Emergency provisions safer against misuse.
• S. R. Bommai v. Union of India (1994): the Supreme Court held that President’s Rule is subject to judicial review and that secularism is a part of the basic structure.
• The President’s Rule cannot continue beyond one year unless there is a National Emergency and the Election Commission certifies that elections cannot be held.

Tricks to Remember

• 352 = National Emergency; 356 = State Emergency; 360 = Financial Emergency.
• National Emergency has been declared 3 times: 1962, 1971, 1975.
• Financial Emergency: never declared.
• President’s Rule: 2 months for approval, max 3 years.
• Art. 249, 250, 252, 253 and 356 allow Parliament to legislate on state subjects.

Quick Tips

• Learn the five cases where Parliament can legislate on State List subjects.
• Memorise the three emergency articles with their grounds.
• Remember the Bommai case for President’s Rule.
• Learn the commissions on centre-state relations.

Quick Revision Points

• Residuary powers are with the Union (Art. 248).
• Article 352: National Emergency; 356: President’s Rule; 360: Financial Emergency.
• Finance Commission is constituted every five years under Art. 280.
• The Sarkaria Commission recommended the Inter-State Council.
• Bommai case (1994) subjected Art. 356 to judicial review.

Practice Questions With Answers

1. Which article deals with the National Emergency?
   Answer: Article 352
2. Which article deals with President’s Rule?
   Answer: Article 356
3. Which article deals with the Financial Emergency?
   Answer: Article 360
4. How many times has the National Emergency been declared?
   Answer: Three times (1962, 1971, 1975)
5. Which body distributes taxes between the Centre and the states?
   Answer: Finance Commission
6. Which case dealt with the misuse of Article 356?
   Answer: S. R. Bommai case (1994)
7. Who has the residuary powers in India?
   Answer: The Union (Parliament)
8. Which commission recommended the Inter-State Council?
   Answer: Sarkaria Commission
9. What is the maximum duration of President’s Rule?
   Answer: Three years
10. Which amendment gave the power to levy GST?
    Answer: 101st Amendment (Article 246A)

How to Practise This Chapter

Practise 10 questions every day and write the steps on paper. Then attempt timed sets from our practice papers and the previous year papers page. See all topics on the Indian Polity notes page, read the previous topic Panchayati Raj and Urban Local Government.

Frequently Asked Questions

What are the three lists of the Seventh Schedule?

The Union List, the State List and the Concurrent List.

Who has the residuary powers?

The Union Parliament under Article 248.

What is the Finance Commission?

A constitutional body that recommends the sharing of tax revenue between the Centre and the states.

What are the three types of emergency?

National Emergency, State Emergency (President’s Rule) and Financial Emergency.

When was the National Emergency declared in 1975?

On 25 June 1975.

What are the grounds for a National Emergency?

War, external aggression or armed rebellion.

What is the President’s Rule?

The takeover of a state’s administration by the Centre when the constitutional machinery fails.

What is the maximum period of President’s Rule?

Three years.

Has the Financial Emergency ever been declared?

No.

What is the Sarkaria Commission?

A commission set up in 1983 to review the Centre-state relations.

What is the Inter-State Council?

A body under Article 263 for coordination between the Centre and the states.

Is this topic asked in SSC?

Yes. Emergency provisions and Centre-state relations are common.