INTER-STATE COUNCIL
Inter-State Council serves a purposeful mechanism to bring various autonomous executive agencies of the state machinery, both the union and the states, and coordinate amongst them the ways and means of execution and implementation of policies concerning common interests, both regional as well as national.
Although a provision was made in the Constitution under Article 262 for the formation of such an Inter-State Council, it was not until 1990, a formal Inter-State Council was established.
This measure was taken after the Sarkaria Commission pitched for the formation of such a council.
TYPES OF EMERGENCY
The President is empowered to promulgate three kinds of emergencies which are as follows:
i. On the ground of threat to the security of India or of any part of the territory by war or an external aggression or an armed rebellion (Article 352) known as National Emergency.
ii. On the ground of the failure of the constitutional machinery in a state. (Article 356) known as the President’s Rule or State Emergency.
iii.On the ground of threat to the financial stability or credit of India or any part of the territory (Article 360), known as Financial Emergency.
National Emergency (Article 352)
If the President is satisfied that a grave emergency exists whereby the security of India or any part of India is threatened, whether by a war or an external aggression or an armed rebellion, he/she may proclaim a state of emergency for the whole of India or part of the territory thereof.
A proclamation of emergency can be made by the President, even before the actual occurrence of war or external aggression or armed rebellion, if he/she is satisfied that there is an imminent danger.
When a national emergency is declared on the ground of ‘war’ or ‘external aggression’ it is known as External the ground of ‘armed rebellion’ it is known as Internal Emergency.
President’s Rule or State Emergency (Article 356)
The President’s Rule can be proclaimed under Articles 355, 356 and 365. Article 355 says it shall be the duty of the union to protect every state against external aggression and internal disturbance and to ensure that the government of every state is carried on in accordance with the provisions of the Constitution.
Article 356 says that if the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, he/she may issue a proclamation.
Article 365 administration says that whenever a state fails to comply with or give effect to any direction from the centre, it will be lawful for the President to hold that a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution.
Financial Emergency (Article 360)
Article 360 provides that if the President is satisfied that a situation has arisen whereby the financial stability of India or the credit of India or of any part India is threatened, he/she may make a declaration to that effect. Under such a situation, the executive and legislative powers will go to the centre. This article has never been invoked till date.
The proclamation of Financial Emergency shall ordinarily remain in force for a period of 2 months. However, it can continue to stay beyond 2 months if before the expiry of the 2 months period, the proclamation has been approved by both the Houses of the Parliament.
If, at the time of proclamation of Financial Emergency, the Lok Sabha stands dissolved, the proclamation needs to be approved by the Lok Sabha within 30 days of its meeting after its reconstitution, provided in the meantime the Rajya Sabha has approved it.
The National Emergency and Financial Emergency have no time limit. They can continue to be extended without any limit. But the State emergency has a time limit. It cannot go beyond 3 years.
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