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To make informed and detailed decisions and conclusions with regards to the legality of a case or an issue, legal reasoning plays an essential role. When we talk about the relationship between law and society, we often look at things from a social perspective. This is because the law provides us with the solutions for the conflicts that might arise due to its pattern in the past, present, and the nearby future. Formulating logical reasoning in the legal aspect has a very large and long history in India. Legal procedure, along with its legal reasoning, its history, and its ability to settle conflicts within the society- concerning the past, the current issues, and the future- has been pretty successful in laying procedures, theories, and several approaches.
The most important pillars of Legal Reasoning include equal application of the law, consistency, experience in the field of law, the principle of Justice, and the policy-making for approaching and resolving an issue. Logical reasoning has two types. These are the Inductive and Deductive Methods. The inductive method focuses on a case through a group of other cases that concerns the law-making bodies. This method helps in covering the bridge between the practical application of laws and policies and the theoretical aspect of these laws. On the other hand, the Deductive method focuses on the subtraction of assumptions and conclusions collectively.
Now let us look at the introduction to emergency provisions and amendments concerning Legal Reasoning.
Emergency Provisions
An introduction to emergency provisions and amendments can be given by saying that even though India has a federal structure, during the Emergency period this federal structure is changed into Unitary functionalities. The emergency provisions are brought up in the Part XVIII of the Indian Constitution. The term Emergency is the suddenly occurring scenario in which the public administrations are forced to act per their respective powers. In these scenarios, the rights of each individual in the country are taken away by the government, except for Article 20 and Article 21 of the Indian Constitution. Emergency has a pessimistic impact on the rights and freedoms of the people. It is often referred to as a Draconian measure taken up by the government to cope with certain situations in the country.
Articles 352-360 of the Indian Constitution deals with the Emergency arrangements in the Country. In India, emergencies are generally of three types. These include-
- Article 352 dealing with the National Emergency in the Country.
- Article 356 dealing with the State Emergency in the Country.
- Article 360 dealing with Financial Emergency in the Country.
In the year 1975, the then Prime Minister Indira Gandhi called out National Emergency within the country. This act was criticised by the citizens as well as the opposition parties. During this period, all the legal and fundamental rights of the citizens were abrogated.
The initial provisions of the Emergency period have changed concerning the development in time and society in the country.
44th Constitutional Amendment act
An introduction to emergency provisions and amendments can be better understood by the comparison of the emergency provisions before and after the 44th amendment act of the Constitution. The 44th Constitutional amendment act is an important provision relating to emergency and constitutional amendments. This amendment act changed the provisions of Emergency in the country, just to make sure that the people in power cannot violate and use these draconian measures for selfish and silly reasons. Some of the changes made by are-
- The term “armed rebellion” was changed from “internal disturbances”
- The decision of the imposition of the Emergency should be given in writing by the Cabinet.
- Article 358 holds that only external violence and war shall be put into suspension by Article 19 of the Indian Constitution.
- The 38th Constitutional amendment act was nullified by the 44th Amendment act, making Emergency accountable to Judicial Review.
Conclusion
To make informed and detailed decisions and conclusions with regards to the legality of a case or an issue, legal reasoning plays an essential role. An introduction to emergency provisions and amendments can be given by saying that even though India has a federal structure, during the Emergency period this federal structure is changed into Unitary functionalities. In these scenarios, the rights of each individual in the country are taken away by the government, except for Article 20 and Article 21 of the Indian Constitution. Emergency provisions and amendments can be better understood by the comparison of the emergency provisions before and after the 44th amendment act of the Constitution. The 44th Constitutional amendment act is an important provision relating to emergency and constitutional amendments.
