Emergencies & Federalism
The Unitary Override Switch
PART I — THE THREE PROTOCOLS
ARTICLE 352
National Emergency
- Grounds: War, External Aggression, Armed Rebellion.
- Union gains absolute power to direct *any* state.
- Parliament can legislate on the State List.
- Federalism practically suspends; India becomes unitary.
ARTICLE 356
President's Rule
- Grounds: Failure of constitutional machinery in a State.
- State Govt dismissed; Assembly suspended/dissolved.
- President assumes executive functions (via Governor).
- Parliament assumes state legislative powers.
ARTICLE 360
Financial Emergency
- Grounds: Threat to financial stability or credit of India.
- Union can direct states to observe financial propriety.
- Can mandate reduction of salaries of state employees/Judges.
- State money bills must be reserved for President.
PART II — THE STRUCTURAL SHIFT
THE CONSTITUTIONAL DESIGN
Centralisation by Design
- India is a **"Federal system with unitary bias."**
- In normal times, it functions as a federation.
- During emergencies, the Constitution automatically converts the federal structure into a unitary one.
- **No formal amendment** is required for this transformation.
- Dr. B.R. Ambedkar called this the unique feature of the Indian Constitution, prioritizing national security and survival over strict federalism.
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