Emergency, Intervention and the Federal Principle

In one line

Every federation provides for the centre to intervene in a failing unit, and they differ enormously in how easy that is and in who can review it.

In the wording a student can write in an exam: federal intervention, which in India is called President's rule, is the constitutional power of the general government to act in or upon a unit whose government has failed, has broken the constitution, or cannot maintain order, and its constitutional interest lies in the grounds, the procedure, the duration and the availability of judicial review.

The provisions

India, article 356. Where the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the government of the State cannot be carried on in accordance with the provisions of the Constitution, he may by Proclamation assume to himself all or any of the functions of the government of the State, declare that the powers of the legislature shall be exercisable by or under the authority of Parliament, and make incidental provision. He may not assume the powers vested in a High Court. The Proclamation must be laid before each House and ceases after two months unless approved, and may continue for six months at a time up to three years, with conditions after the first year added by the Forty Fourth Amendment.

India, article 365. Where a State fails to comply with a direction given by the Union in the exercise of its executive power, the President may hold that a situation has arisen in which the government of the State cannot be carried on in accordance with the Constitution.

Germany, article 37. Federal coercion: if a Land fails to comply with its obligations under the Basic Law or other federal laws, the Federal Government may, with the consent of the Bundesrat, take the necessary measures to compel it, and may issue instructions to all Lander and their authorities.

Switzerland, article 52. The Confederation shall protect the constitutional order of the cantons and shall intervene if the order in a canton is disrupted or under threat and the canton in question is not able to preserve it alone or with the aid of other cantons. Article 53 protects the existence, territory and constitutional order of the cantons.

United States, Article IV section 4. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion, and on application of the legislature, or of the executive when the legislature cannot be convened, against domestic violence. The guarantee clause has been treated as raising political questions, and the protection against domestic violence requires an application by the State except where federal law or property is at stake.