Emergency Provisions

Article 352 up to Article 360 holds every minute detail about emergency provision establishment and implementation in India. These articles explain the situation or conditions that a country faces during the time of any war be it external war involving conflicts with competitive neighboring countries or internal conflict such as protests, concerted cessation, etc. What were the conditions because a democratic and largest economically growing country like India has to include emergency in constitution. 

An emergency is a situation that demands the authoritative power held by the state government to be given up in the hands of the central government when the war-like situation becomes out-of-control from the hands of state governments. In this article about emergency, you will see what are different types of emergency in the constitution, and what are different types of emergency.

What Is Emergency In The Constitution?

The emergency in the constitution is a kind of limitation or restrictions applied over the laws and the public authorities such as their fundamental rights to information, speech, etc. During the time of emergency, the whole nation has to compromise on their  fundamental rights and freedom that each and every citizen of the country can experience which are mentioned in the law book of India.

Emergency provision was never a talk of the town before the invasion of Britishers in India. Britishers as we all know had a very distinct and hostile approach towards the Indian people. They will get in good books by leaving out the rent of land cultivation from the farmers, with an ultimate motive of making them slaves under them.

Britishers used to torture and seize the fundamental basic rights of the common peoples in India. The activists’ group from India wasn’t happy with their acts. The draft constitution had a few glimpses about different types of emergency provisions claimed by the author of the honored book “Emergency Chronicles”. 

The assembly members of the Parliament didn’t accept the proposal of the implementation of the types of emergency provisions in India because they believed if the basic rights will get seized from the common citizen of any country, it will cause the havoc in the society with criminals being fearless and citizens will get helpless in case of emergency situation.

The Need To Implement Emergency Provisions 

Newly-formed India was just after the turmoil of the independence struggle. The Indian National Congress was the governing political party that held its authority to continue ruling the nation after its independence. India is a diverse nation comprising citizens from hundreds of varied cultures and preferences, the chances of the uprising of some kind of political conflict and disputes were never out of the equation in the Indian society.

Due to too many rulership-obtaining parties emerging out from every district or town, the clash of power was already a common issue the Indian National Congress was struggling to settle down. Looking at several inter-state conflicts for land, and other resources, there were some instances of war-like situations from outer neighboring nations as well such as China, and Pakistan. 

The Constituent Assembly decided to bring up the “Emergency Provisions” of the draft of the constitution into practical implications. Though, they took the chance to leap of faith by believing no Indian citizen in the future will overuse or misuse the power gained during the different types of emergency provisions.

Types Of Emergency Provisions

During the period of emergency, the first change that is brought by the central government is that it takes the responsibility of controlling each and every state that is affected by any kind of war situation internal or external by its own terms and policies. No state government has got the right to object to any terms or rules implied by the central government. 

There are broadly three categories in the types of emergency provisions that are made legal in India, and the emergency in constitution can be found from Article 352 to Article 360. The initiation and the power of choice are held by the President of the nation when to apply emergency rules and when to rule out any emergency.

The three types of emergency are responsible for covering the entire issue faced by the country.

(i) National Emergency

(ii) State Emergency (also known as President’s Rule)

(iii) Financial Emergency 

As per Article 352, the national emergency can be of two types of emergency: internal national emergency and external national emergency. 

The external national emergencies are implemented when there is conflict from outside countries regarding land disputes and army attacks. If there is a situation where armed revolts are taking place and outside aggressive invading, the President chooses to implement the National emergency. 

Article 358 deals with the seize down process of fundamental rights related to freedom of expression and speech to every citizen in case of different types of emergency. In India, there were three instances when a national emergency has been implemented 

Conclusion

The emergency in the constitution is a kind of limitation or restrictions applied over the laws and the public authorities such as their fundamental rights to information, speech, etc. During the time of emergency, the whole nation has to give up the fundamental rights and freedom that each and every citizen of the country can experience which are mentioned in the law book of India.