Article 353 and 354 of Constitution of India: Effect of Emergency and Distribution of Revenues
Articles 353 and 354 form part of Part XVIII of the Constitution of India. They explain two important legal consequences while a Proclamation of Emergency under Article 352 is in operation: the enlargement of Union executive and legislative authority, and the President's power to modify the constitutional arrangements governing distribution of revenues for a limited period.
Article 353 - Effect of Proclamation of Emergency
Article 353 specifies how the constitutional distribution of executive and legislative powers changes while a Proclamation of Emergency is in operation.
Article 353(a): Notwithstanding anything in the Constitution, the executive power of the Union extends to giving directions to any State as to the manner in which the State's executive power is to be exercised.
Article 353(b): Parliament's law-making power extends to any matter and includes the power to confer powers and impose duties, or authorise their conferral or imposition, upon the Union or its officers and authorities, even where the matter is not enumerated in the Union List.
Proviso: Where an Emergency operates only in part of India, these powers can also extend to another State if, and to the extent that, the security of India or any part of its territory is threatened by activities in or connected with the area in which the Emergency operates.
Definition in context: A "Proclamation of Emergency" here means a Proclamation under Article 352. Article 353 deals with the consequences of such a Proclamation for Union executive directions and Parliament's legislative competence.
Article 354 - Distribution of Revenues While an Emergency Is in Operation
Article 354 concerns the constitutional provisions for distribution of revenues between the Union and the States during the operation of a Proclamation of Emergency.
Clause (1): While a Proclamation of Emergency is in operation, the President may by order direct that all or any provisions of Articles 268 to 279 operate subject to such exceptions or modifications as the President considers fit. The period specified cannot extend beyond the end of the financial year in which the Proclamation ceases to operate.
Clause (2): Every order made under clause (1) must, as soon as may be after it is made, be laid before each House of Parliament.
Articles 268 to 279 broadly concern constitutional arrangements relating to taxation, assignment and distribution of revenues, grants, and related fiscal matters between the Union and the States. Article 354 therefore provides a temporary constitutional mechanism for adjusting those arrangements during an Emergency.
Meaning and Legal Effect of Articles 353 and 354
Article 353 primarily affects the federal distribution of executive and legislative power during a national Emergency. It enables the Union to direct States in the exercise of their executive power and enlarges Parliament's legislative competence beyond matters ordinarily within the Union List, subject to the constitutional text.
Article 354 deals separately with financial relations. It permits temporary modification, by Presidential order, of the operation of Articles 268 to 279. The Constitution itself limits the duration of such an order and requires it to be laid before both Houses of Parliament.
The proviso to Article 353 was inserted by the Constitution (Forty-second Amendment) Act, 1976. It addresses a situation in which an Emergency applies only to part of the territory of India but activities connected with that area threaten the security of India or another part of the country.
Official Constitution Resources
For the authoritative constitutional text and amendment notes, refer to the official Government of India sources:
Legislative Department - Constitution of India
India Code - Government of India
This article is an explanatory legal information resource. For a specific legal issue, the constitutional text, applicable Presidential orders, amendments, and relevant judicial decisions should be examined.