Article 353 of CoI : Article 353: Effect of Proclamation of Emergency.

Explanation using Example

Example 1:

During a severe natural disaster, such as a massive earthquake in the state of Gujarat, the President of India declares a Proclamation of Emergency. Under Article 353(a), the central government can direct the Gujarat state government on how to manage the disaster relief operations, even if such directions override the state's usual executive powers. For instance, the Union government may instruct the state to prioritize certain areas for rescue operations or to allocate resources in a specific manner.

Example 2:

Suppose there is a terrorist attack in Jammu and Kashmir, and the President declares a Proclamation of Emergency in that region. Under Article 353(b), the Parliament can pass a law that imposes new duties on Union officers to enhance security measures, even if these duties are typically under the state's jurisdiction. For example, Parliament could enact a law requiring Union officers to take over local policing duties or to set up additional checkpoints, even though policing is usually a state matter.

Example 3:

Imagine a situation where there is a Proclamation of Emergency due to internal disturbances in the state of Assam. The central government, under Article 353(a), can direct the Assam state government to implement specific measures to restore order, such as imposing curfews or deploying additional security forces. Additionally, under Article 353(b), Parliament can pass laws that grant special powers to Union officers to manage the situation, such as authorizing them to conduct searches and seizures without a warrant.

Example 4:

Consider a scenario where a Proclamation of Emergency is declared in the state of West Bengal due to a severe outbreak of a contagious disease. The central government can direct the state government on how to handle the public health crisis, such as mandating quarantine zones or controlling the movement of people. Furthermore, Parliament can pass laws that give Union health officers the authority to enforce these measures, even if public health is typically a state subject.