Which of the following statements are correct in the context of the National Emergency in India?

1. President can issue ordinances on state subject if Parliament is not in session.

2. The Center becomes entitled to give executive directions to state on any matter.

3. President can cancel the transfer of finances from Centre to state.

Select the correct answer using the code given below.

Solution

A proclamation of Emergency has drastic and wide-ranging effects on the political system. While a proclamation of Emergency is in force, the normal fabric of the Centre-state relations undergoes a basic change. This can be studied under three heads, namely, executive, legislative and financial. • Executive: During a national emergency, the executive power of the Centre extends to directing any state regarding the manner in which its executive power is to be exercised. During a national emergency, the Centre becomes entitled to give executive directions to a state on ‘any’ matter. Thus, the state governments are brought under the complete control of the Centre, though they are not suspended. • Legislative: During a national emergency, the Parliament becomes empowered to make laws on any subject mentioned in the State List. Although the legislative power of a state legislature is not suspended, it becomes subject to the overriding power of the Parliament. while a proclamation of national emergency is in operation, the President can issue ordinances on the state subjects also, if the Parliament is not in session. Further, the Parliament can confer powers and impose duties upon the Centre or its officers and authorities in respect of matters outside the Union List, in order to carry out the laws made by it under its extended jurisdiction as a result of the proclamation of a National Emergency. • Financial: While a proclamation of national emergency is in operation, the President can modify the constitutional distribution of revenues between the centre and the states. This means that the president can either reduce or cancel the transfer of finances from the Centre to the states. Hence, option (d) is correct.