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Effects on Centre-state relations

While a proclamation of national emergency is in force, the normal fabric of the Centre–state relations undergoes a basic change in the following manner:

Executive: the Centre becomes entitled to give executive directions to a state on

‘any’ matter.

Legislative: Parliament becomes empowered to make laws on any subject mentioned in the State List. Although the legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament. The President can issue ordinances on the state subjects also, if the Parliament is not in session.

Financial: The President can modify the constitutional distribution of revenues between the centre and the states and the modification continue till the end of the financial year in which the Emergency ceases to operate.

During President’s rule the state government is dismissed. The state legislature is either suspended or dissolved. The president administers the state through the governor and the Parliament makes laws for the state. In brief, the executive and legislative powers of the state are assumed by the Centre. The Parliament can delegate the power to make laws for the state to the President or to any other authority specified by him. In general, the practice has been for the president to make laws for the state in consultation with the members of Parliament from that state. Such laws are known as President’s Acts.


 

2. Explain the grounds on which a National Emergency can be declared and highlight its effects on Centre-state relations and Fundamental Rights.Answer:3. What was hoped to be a 'dead-letter' of the Constitution has become one of the most controversial provisions. Discuss in the context of Article 356. 2019-20-1220Answer: