Emergency Provisions: Safeguarding sovereignty and security 1100 Words
The constitutional framework becomes the bedrock of provisions, giving stability, sovereignty, and unity to any country during extreme times. The provisions enable the government to act with the utmost expediency and decisiveness to counter threats that otherwise would destabilize the nation. The article would address the concept, scope, and implications of emergency provisions with special reference to the Indian Constitution and other global frameworks to give an all-rounded understanding.
What Are Emergency Provisions?
Emergency provisions are special clauses in a constitution or legal framework that confer extraordinary powers on the state to deal with grave situations. Such situations include external aggression, internal disturbances, financial instability, and any threat to the constitutional framework.
These provisions have been envisaged to do so:-
Maintain the sovereignty and integrity of the nation.
Restore normalcy as soon as possible.
In case of government it override those restrictions which exist normally under normal laws and procedure.
However, a very serious issue has existed with the use of provisions owing to possible misuse issues that have impacted upon fundamental rights and democratic processes and institutional checks and balances.
Emergency Provisions of the Indian Constitution
Provisions for Emergency have been mentioned in Articles 352 to 360 under the umbrella of Indian Constitution. Indian Government Act of 1935 has been framed and altered to suit the demands of a sovereign, a democratic republic.
National Emergency (Article 352):-
The President of India can declare National Emergency when, in his judgment, the security of India or any part thereof is under threat due to war, external aggression, or armed rebellion.
Key Features:-
It must be approved by both Houses of the Parliament within a month
Six months from the date of approval but the period may be extended indefinitely on the successive approvals
Effect:-
All Fundamental Rights under Article 19 stand suspended automatically
Power to issue any directive by the executive of the Union to any state government
Legislative power of the state could be taken over by Parliament
Historical Use
National Emergency has been declared in India three times:-
1962:- During Sino-Indian War.
1971:- During Indo-Pakistani War.
1975:- Declared by Indira Gandhi due to “internal disturbance,” it is perhaps the most controversial emergency about impact on civil liberties and democratic institutions.
State Emergency (President’s Rule) (Article 356)
This article is called President’s Rule, whereby it allows the President to take over the administration of the state when the administration of such state cannot be carried out as envisaged in the Constitution.
Important Features
Grounds:-
When the constitutional machinery of a state breaks down
Parliamentary Approval:-
It needs to be approved by the Parliament within two months
Duration:-
It was six months, which could be extended up to three years on certain conditions
Effect
The state legislature is dissolved or suspended.
The Governor administers the state at the advice of the President.
Misuse and Problems
It is often resorted to in order to disintegrate the state governments which are headed by the opposition parties, especially in the late 20th century.
The misuse was put brakes through judicial review in S.R. Bommai judgment of the Supreme Court (1994).
Financial Emergency (Article 360)
Financial Emergency can be declared if the financial soundness or the credit of India is injured.
Important Points
Must be issued within not more than two months time duration
Effects:-
President can ask the states to exercise financial discipline.
The pay scales and perks for government officials, judges, can be curtailed
Every of financial legislation passed by state legislatures must have approval of the president
Relate to:-
Although the provision is there, not a single Financial Emergency has been declared in India either which itself is a testimonial of how extreme it is.
Checks against Misuse
In an attempt to know the probable misuse of such emergency powers, the Indian Constitution contained in it several checks against such misuse:-
The Parliament needs to ratify the declaration.
The judiciary can examine the declaration.
For only a limited period of time.
Emergency powers are renewals on a periodic basis
Protection on Fundamental Rights: Even so, by virtue of the 44th Amendment Act in the year 1978 some rights have been declared not to be suspended even in the time of declared emergency.
Comparative Analysis: Emergency Provisions in Other Countries
United States
Emergency Powers:-
The United States statute allows for national emergency declaration, but Congressional review of the very declaration of the event often works to thwart the declaration.
Restrictions:-
The National Emergencies Act of 1976 provides for time and reporting requirements to Congress.
Judicial Review:-
Courts can grant relief when the declaration is beyond constitutional limits.
United Kingdom
Emergency Powers Act, 1920:-
Government acquired absolute authority even at times of emergency including managing necessary service during any crisis or otherwise.
Civil Contingencies Act, 2004:-
New protection; parliamentary review included
Germany
Fundamental Law Provisions:-
Emergency powers have a sharp limitation not to misrule like it did when under Nazi regime.
Bundestag Control:-
Legislative control must go with every measure undertaken
Pakistan
Mass Abuse:-
Emergency provisions are grossly misused and military coups are quite frequent.
Judicial Supremacy:-
Judicial independence is not that strong in a long-run abuse situation.
Emergency Provisions Impact
Positive
National Integration:-
Centralized authority ensures an instantaneous response to any crisis.
Quick Decision:-
It avoids the time lag associated with procedure.
Restoration of Order:-
It restores law and order in extreme conditions of disturbance.
Threat to Democracy:-
It is a threat to democratic systems with constant violation.
Civil Rights:-
Suspension of rights leads to authoritarianism.
Economic Consequences:-
Financial crisis can break the confidence of the investors.
Lessons from History and Future Ahead
What happened in India (1975-77) and elsewhere is that alertness, accountability, and institutional checks are needed. A few steps could be taken to build up the institution
Judicial Vigilance:-
Courts must vigilantly scrutinize such declarations so that the abuse is checked.
Periodic Review:-
Such emergency provisions can be made relevant by periodically reviewing whether emergency provisions are still required.
Public Awareness:-
Publicising the rights of people during emergencies are important so that the people become more vigilant about abuse.
This can be learned by understanding countries with stronger safeguards and perfecting the domestic framework.
Conclusion:-
Emergency provisions are double-edged swords which, on the one hand, seek to preserve sovereignty and stability but, on the other hand, tend to be misused. The question is how to strike a balance between empowering the state and protecting democratic values. With strength infused in safeguards, transparency promoted, and accountability ensured, emergency provisions can be turned into a shield rather than a sword to preserve the very essence of democracy even at trying times.
Also Read:- Due Process of Law: The Venerable Backbone of Justice 1100 Words