Part XVIII: Emergency Provisions
Article 353: Effect of Proclamation of Emergency
Original Article:
While a Proclamation of Emergency is in operation, the executive power of the Union extends to directing States on the exercise of their powers. Additionally, Parliament gains the power to legislate on matters outside its usual jurisdiction, conferring duties on Union authorities as necessary.
Explanations:
Article 353 ensures centralized governance during emergencies. It grants the Union the authority to direct States and extend Parliament’s legislative powers into areas typically reserved for States. This provision ensures a unified response to threats affecting national security.
Clause-by-Clause Explanation:
Clause (a): Union’s Executive Authority Over States
During emergencies, the Union can direct States on how to exercise their executive powers, overriding normal constitutional limitations.
Clause (b): Enhanced Legislative Powers of Parliament
Parliament can legislate on matters typically within State jurisdiction, granting Union authorities specific duties as needed for national security.
Provided Clause: Application in Specific Regions
If the emergency applies only to a specific area, the Union’s powers extend to unaffected States if their security is linked to the emergency-affected region.
Amendments and Historical Context:
The 42nd Amendment Act, 1976, clarified the Union’s powers during region-specific emergencies, allowing proactive measures in neighboring States to prevent spillover threats.
Real-Life Example:
During the 1975 Emergency, central oversight ensured coordinated responses to perceived threats across States, highlighting the practical application of Article 353.
References and Related Provisions:
Article 353 complements Articles 352 and 354, forming the core of India’s Emergency Provisions.
Frequently Asked Questions (FAQs):
Article 353 allows the Union to direct States on executive functions and enables Parliament to legislate on matters usually within State jurisdiction, ensuring a unified national response.
The 42nd Amendment clarified the Union's authority during region-specific emergencies, ensuring that neighboring States could take necessary measures to address spillover threats.
While expanding Union powers, Article 353 focuses on coordinated responses and provides a framework to ensure that the Union's authority is exercised in alignment with national security needs.
Summary:
Article 353 strengthens the Union’s executive and legislative authority during emergencies, ensuring a unified national response. With safeguards introduced through amendments, it balances the need for centralized power with protections against potential misuse.