ISSN: 2265-6294

An Analysis of Emergency Provisions under the Constitution of India

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Sadhana Trivedi, Roomi

Abstract

India is a federal republic, but it has unitary functionality in emergency situations. The Indian Constitution was designed with many features that allow for an emergency to be made fully unitary. In order for this to work, provisions for emergency situations are outlined in Part XVII, as well as Article 352-360. When the governmental system fails, an "Emergency" is when law enforcement or natural disasters are especially needed. Politics was created in order to deal with extreme conditions that could come up, like war and social unrest. The Black Law Dictionary defines an emergency as a "pressing intervention due to the fact such a state of affairs poses a hazard to human beings and liberty inside the region." India's Constitutional creativity includes exceptional provisions for all the "emergency clauses" determined in the Constitution of India. Different clauses of Part XVIII show how creation is both an ongoing process and makes a country more secure. There are times when countries are surpassed by occurrences that are beyond their reach, or influence, and require drastic measures. Unpredictability comes from these unpredictable conditions. Individual freedom might be taken away from citizens to address these threats facing the world. With the recent rise of new information technologies, there is a growing tension between fundamental democratic principles and their very protection. In countries with emergency provisions for the revocation of human rights, basic freedoms like freedom of speech and religion are no longer guaranteed to you. Steps to protect society and its democratic system can be found in the Constitution which enables swift response to dangerously and unexpectable situations. The ability to suspend rights is a step away ongoing democracy.

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