Provisions Of The Part

It is a topic of discussion that the country that got freedom from the access of colonization in 1947 has allowed the provision like emergency provisions in the constitution. Emergency Provisions were provided under the VIIth schedule. An emergency is a process that changes the shift of federal power of any state from the state government to the union government for proper authorization. 

In this article, we will learn what an emergency is, what is Article 10, and what is the history of emergency provisions for the citizens of India under any of the provisions.

Background Of Emergency Provisions

In the history of colonial India, Britishers introduced many rules and policies to restrict the fundamental rights of citizens. Indian freedom fighters always opposed these laws. How did the provisions like emergency provisions were accepted by each and every member of the Indian parliament? 

According to Gyan Prakash, the author of the book called “Emergency Chronicles,” the emergency provisions were mentioned in the draft constitution. When these provisions were put up in the Assembly, the majority of members of the assembly were shocked and started to confront the provisions. The people were opposed because India is an independent country, and if the rights of people, such as seeking revolutions, are not provided, it is terrible for the government.

Not even the President would have the power to suspend the rights of the people. These provisions were quite similar to Germany’s Weimar Constitution. 

Reasons To Employ Emergency Provisions

After independence, India started its new journey under the leadership of Congress. India just got off from the partition with Pakistan; hence the situation was very sensitive, and because India is such a diverse country that has 100 religions and cultures living on the same land mass, conflicts and significant political disputes were very probable to occur. 

Hence, by observing these internal threats inside the country or external threats of invasion from other countries, the Constitution Assembly was ready to take on the “Emergency Provision” in the Indian Constitution. They also showed faith in the upcoming generations of India that they will not misuse the power of emergency provisions but use them for righteous acts. 

What Happens During an Emergency?

At the time of emergency, the central governing body or organizations get more power than the state organizations by a large margin. The state governments were either made subordinate to the central government or suspended until the time of emergency.

Article 352, Article 353, Article 354, Article 355, Article 356, Article 357, Article 358, Article 359, and Article 360 are reserved and deal with these emergency provisions of the constitution of India. The president of India can declare emergencies by three methods.

1. National Emergency
2. President’s Rule
3. Financial Emergency

Article 352 is a brief description by which we can understand the national emergency. These are of two kinds: internal and external national emergencies. External emergency deals with conflicts or war-like situations from attacks. Internal national emergency deals with minor situations of revolts or armed rebellions in a state. 

Article 358 has the power to snatch the freedom of speech and expression from the common citizens that are ensured to every citizen in Article 19. A national emergency has been implied three times in the history of India during the Indo-China War of 1962 and the Indo-Pak War of 1971. 

Article 10 signifies that if you are a citizen of India, you can’t escape other laws of the Indian constitution. Every citizen is subject to laws made by Parliament, and every citizen of India under any of the provisions has to experience each and every citizen law of the constitution. 

Conclusion

In the history of colonial India, Britishers introduced many rules and policies to restrict the fundamental rights of citizens. Indian freedom fighters always opposed these laws. I hope you got the idea about how the provision like emergency provisions was accepted by each member of the Indian parliament? An emergency is a process that changes the shift of federal power of any state from the state government to the union government for proper authorization. Or, both the union and state governments can exercise their powers separately.