At the time of Independence, the trauma of Partition, the integration of the princely states and widespread poverty resulted in a constitutional setup where the Union government could convert the country into a unitary state and override fundamental rights. The State can exercise such powers through emergency provisions, the office of the governor, money bills, ordinances and more. These centralising powers that legally bypass established processes have outlived their purpose; a transfer of power away from the Union to lower tiers of government is needed to deepen the country’s independence.
The challenge posed by such centralisation and discretionary powers was clear under Indira Gandhi’s rule, through the combination of the Maintenance of Internal Security Act (MISA), President’s Rule, and finally, the imposition of internal Emergency checks on democracy and executive action to support political aims. Since Independence, President’s Rule has been invoked 121 times, more often than not to support political goals rather than to resolve a genuine crisis. It was used about 70 times between 1966 and 1984. Similarly, the Governor’s office, which was conceived as a way to support fledgling state governments, is now a convenient tool of control for the Union against Opposition-ruled states.
25/08/2023