9.131.27

The power vested in the hands of the Centre is of a very limited character. Over and above preventive detention, the Government of India has got no other power till the situation has deteriorated to such an extent that emergency provisions come into operation. The Government of India ought to have been vested with more powers to nip the mischief in the bud. If the Government of India feels that without its co-operation and assistance a State Government is not likely to deal effectively with outbreak of lawlessness, than it must have the power to step in and take command of the situation. It is sheer folly to circumscribe the limits of its jurisdiction. Concurrent powers over maintenance of public order is necessary in order to strengthen the forces of law and order. If we want that emergency provisions should not come into operation at all, it is necessary to enlarge the scope of the Central jurisdiction. Where there is a conflict between the forces of law and order and the claims of provincial autonomy, there should be no hesitation in choosing the former as against the latter.