Constitutional Division of Internal Security Responsibilities

The Constitution makes maintenance of public order primarily a state responsibility, while assigning the Union responsibility for national security and protection of states. Internal security therefore operates through a federal division involving state control, Union assistance and exceptional Union powers.

Ordinary allocation of responsibility

Under Article 246 and the Seventh Schedule, legislative subjects are divided between the Union and states; executive responsibility generally follows legislative competence.

• State List Entry 1 assigns public order to states, except matters connected with the use of Union forces in aid of civil power.
• State List Entry 2 assigns police, including its organisation and functioning, to states.
• Under Article 162, state executive power ordinarily extends to public order and police matters within the state.

Union role and shared legal framework

The Union supports state authorities and handles dimensions of internal security that exceed ordinary state capacity or involve national interests.

• Article 355 places a duty on the Union to protect every state against external aggression and internal disturbance and to ensure constitutional government.
• Union List Entry 2A covers legislation concerning deployment of Union forces in a state in aid of civil power, including their powers and liabilities.
• The Concurrent List enables both Parliament and state legislatures to make laws on criminal law, criminal procedure and specified forms of preventive detention, subject to constitutional rules on repugnancy.

Exceptional constitutional powers

State primacy over public order is not absolute. The Constitution permits enlarged Union action under specified conditions rather than transferring routine policing to the Union.

• Under Article 249, Parliament may legislate on a State List matter when the Rajya Sabha passes the prescribed national-interest resolution.
• Under Article 250, Parliament may legislate on State List matters while a national emergency is in operation.
• Under Article 356, constitutional failure in a state may lead to President's Rule, subject to constitutional safeguards and judicial review.