Emergency Powers of the Indian Constitution Beyond Articles 352 & 356: A Guide to Articles 353, 354, 355 and 357

This article is written by Atishay Jain, a former UPSC aspirant and a key member of the ApniLaw team, combining his knowledge of the Constitution with a strong interest in public law.  For any personal queries or suggestions, feel free to reach out to us through our official channel

Introduction

India’s Constitution empowers the Centre to act decisively during crises. While Articles 352 and 356 are well-known, Articles 353, 354, 355, and 357 also play vital roles. These provisions enhance central control during emergencies, ensuring swift governance and national security. Understanding these articles helps explain how India balances federalism with unity during exceptional times.

What Is Article 353 Of The Indian Constitution ?

When a National Emergency is declared under Article 352, Article 353 comes into effect:

1. Centralization of Executive Power: The Union government can direct any state on how to exercise its executive authority. Thus, overriding the usual federal structure.
2. Expanded Legislative Authority: Parliament gains the power to legislate on subjects in the State List. This will be for the entire country or any part thereof.
3. Extension to Other States: If the Emergency is in operation only in a part of India, these powers can extend to other states if their security is threatened by activities in the affected area.

Article 354 Of The Indian Constitution?

Article 354 empowers the President to modify the distribution of financial resources between the Union and the States during a National Emergency:

1. Alteration of Financial Arrangements: The President may direct that all or any of the provisions of Articles 268 to 279 relating to the distribution of revenues shall, for such period as may be specified, have effect subject to such exceptions or modifications as he thinks fit.
2. Temporary Measures: These orders are temporary and must be laid before each House of Parliament.

What Is Article 355 Of The Indian Constitution?

Article 355 imposes a duty on the Union government to:

1. Protect States Against External Aggression and Internal Disturbance: Ensuring that every state is safeguarded from external threats and internal unrest.
2. Ensure Constitutional Governance: Guaranteeing that the government of every state functions in accordance with the provisions of the Constitution.
3. This article serves as a constitutional justification for the Union’s intervention in states, including the imposition of President’s Rule under Article 356.

What Is Article 357 Of The Indian Constitution?

When President’s Rule is imposed in a state under Article 356, Article 357 outlines the exercise of legislative powers:

1. Delegation of Legislative Powers: Parliament can confer on the President the power of the state legislature to make laws, and authorize the President to delegate such powers to other authorities.
2. Continuity of Laws: Laws made under this provision continue to operate even after the President’s Rule ends, unless altered or repealed by the state legislature.

Conclusion

Articles 353 to 357 strengthen India’s emergency framework beyond the basic provisions. They centralize power, modify state functions, and support quick responses during national threats. Though they limit state autonomy, these articles aim to maintain order and protect constitutional governance. Their careful use ensures both national security and democratic balance.