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Taking a step forward in strengthening the federal structure, the Centre today agreed to introduce safeguards in Emergency Provisions under Article 356 and promised that it will be used sparingly as a ‘‘last resort.’’ To that effect, a Bill would be drafted to amend the Constitution.
Initially sceptical about the Article and even asking for its repeal, the states — represented in the Inter-State Council — agreed for its retention on certain conditions.
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Proposed safeguards
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• Centre could first send advisory under Articles 256 and 257 and then use Art 356 if Constitution still violated If Art 356 used, facts should be given to states where possible and the response got before it was used. |
If the Centre felt that imposition of Article 356 was necessitated, it first had to apprise the state of is reasons and seek its response.
Explaining the ‘‘last resort’’ clause, Deputy Prime Minister L K Advani said that the Centre can first advise the state, seeks its response and then issue directions under Articles 256 and 257. But despite that if the cause persists and Constitution continued to be violated, then Article 356 can be used.
Law Minister Arun Jaitley further explained that when the Article 356 was imposed, the Assembly would not be dissolved but kept in animated suspension till the decision was ratified by both houses of Parliament. Also, the Governor’s report in the regard would be taken as a ‘‘speaking document’’ and made an integral part of the Proclamation along with the material facts and grounds for it.
Jaitley said that a Bill containing amendments to this effect would be drafted and introduced in Parliament. It was also decided that the central government could consider incorporating suitably the essential features of the Bommai verdict in the Constitution.
The Council also agreed to retain Article 365, under which the Centre can issue sanctions against a state for non-compliance of directions issued under Articles 256 and 257.
The Centre can issue directions under Articles 256 and 257 if it is of the view that the state is not complying with certain Union laws like taxation. If the state persists, then the Centre can issue sanctions under Article 365 followed by imposition of Article 356.
The Council felt that retention of Article 365 was necessary since it served as a ‘‘screen to prevent any hasty resort to action under Article 356.’’ Advani said that all the decisions were more or less unanimous. ‘‘The meeting and the decisions are evidence that in centre-state relations, India has been functioning as a good, healthy, cooperative federalism,’’ he added.
Regarding Article 355 — allowing the Centre to suo motu send armed forces to a state — the Council agreed that in an emergency situation, threatening the security of the country, prior consultation with the state would not be possible.
In other circumstances, however, it was agreed that it would be ‘‘desirable to have consultation’’ with the state government, wherever feasible, though not obligatory.
Most of the decisions were based on recommendations of Sarkaria Commission report given in 1988. The Deputy PM today said that the last seven meetings of Inter-State Council had debated on the recommendations of the report.
In the present VIII meeting of the Council, the action on Sarkaria Commission report was finally concluded. ‘‘Majority of the recommendations were accepted, some amended and a few rejected,’’ he said. This meeting had taken up the last 17 recommendations of the report.
About labour reforms, Jaitley said that a Group of Ministers had arrived at a consensus on a draft Bill to amend the Contract Labour Act of 1970. The measure would help in consolidating the ongoing economic liberalisation process, he said.
