Emergency provisions in India

Emergency provisions in India

The Constitution of India has a wide variety of provisions to run the country efficiently and effectively. One such provision is the Emergency provisions in Indian Constitution. The following article is an attempt of RACE IAS team to highlight the topic, its significance, types, constitutional framework, criticism and related factors.

The Emergency provisions in India have been taken from the Weimar Constitution of Germany. It is a crucial component that empowers the central government to address situations effectively. Such provisions are very very important in order to maintain the conduct of the civil society.

What is Emergency provision ?

• Emergency provisions refer to specific measures and laws given in the constitution of India that allows the government to have power to respond decisively to the extraordinary situations such as external war, rebellion etc. that targets to threaten the stability, security or sovereignty of the country.
• Emergency provisions provide the center with an overriding power to control the administration and legislative altogether.
• It is more or less a temporary arrangement to meet extraordinary circumstances of the country.

Why was Emergency provision required in India?

• Since during emergency, the centre becomes powerful and states come under the control of centre, it is heavily required for protection of constitution and democratic political system.
• It is also required in order to safeguard the sovereignty, unity, integrity and security of the country.

Types of Emergencies in Indian Constitution

• Based on the factors that contribute towards implementing Emergency provisions, there are three types of Emergencies –

1. National Emergency (Article 352) -  It refers to the Emergency provision imposed due to external aggression, war or armed rebellion.

• Constitution doesn't use the term 'National Emergency'. Instead of this, it uses 'Proclamation of Emergencies'

1. State Emergency / President's Rule (Article 356) – An emergency provision imposed due to the failure of Constitutional machinery in any state.

NOTE – There is no word like 'emergency' used by the constitution to refer to such incidents.

1. Financial Emergency (Article 360) – An emergency provision that is imposed due to a threat in the financial stability of India.

Constitutional Provisions related to Emergency Provisions in India

• Article 352 to Article 360 of Part XVIII of the Indian Constitution deals with the provisions related to Emergency situations in India. Following are the articles and their content with respect to the emergency provisions –

Merits and Demerits of Emergency provisions in India –

In the run to provide better mechanisms to the central authorities to respond swiftly to critical cases, Emergency provisions also carry significant risks of its misuse. In the system where we analyze the advantages of such provisions, we should also note that they are followed by numerous critics and demerits.

1. MERITS –

• Country's safety and integrity : These provisions are seen as an important tool in maintaining the dignity, integrity and security of the nation.
• Proper management – These provisions are unique powers granted to the Central government to exercise swift action towards any cases upcoming.
• Signifying Constitution supremacy – The constitution is protected and safeguarded by these provisions exhibiting effective maintenance of constitution.
• Durability of effective system – It offers flexibility and durability of government to tackle with crisis scenarios which are left unaddressed

1. DEMERITS –

• Threat to Fundamental Rights – As suggested by the application of emergency provisions, the overall control to exercise the functions of both state and the centre resides with the central government. In such case certain FRs are also abstained which rises questions on the liberty and freedom of individuals.
• Power Centralization – In order to undermine the autonomy and decision making ability of states, Central government may concentrate powers at the centre like one that happened in 1975.
• Weakening of Democratic institutions – The emergency invocation can weaken democratic institutions in every manner possible. Such institutions are bound not to advertise its motives during the emergency period.
• Opening Pitch for Dictatorship – The President or executive may exercise dominance and a form of constitutional dictatorship.

The Emergency of 1975 that is considered as a "Black Phase" of Indian democracy is said to have been invocated by the then government on the grounds of dictatorship.

• Regular check and balance is also absent in the present scenario of emergency provision which can hinder the democracy .