Emergency Powers from "summary" of Indian Polity by M. Laxmikanth
The topic of Emergency Powers covers the constitutional provisions that allows the government to suspend certain civil rights during times of crisis. It also includes the circumstances under which emergency powers can be invoked. Furthermore, it outlines the limitations and extent of these powers.- Emergency Powers empower the government to take extended control over circumstances in a state of emergency like natural calamity, war or internal disturbance.
- There are several authorities specified in the statue books along with the general executive powers conferred on the President which could be exercised using emergency powers.
- In India, during an emergency situation the President has special enormities as contrasted to what he typically holds under the Indian Constitution.
- A declaration of emergency paves the way for a curtailment of freedom of speech. Press censorship and other restrictions may also come into force.
- Executive action taken within the ambit of the constitution when an emergency is declared can't be challenged in any court of law unless they are contradictory to the constitution or statute law.
- Laws enacted subsequently to an emergency declaration overriding basic freedoms enjoy a preferential position over all other laws and stand good even after an emergency ends.
- Three types of emergency may be declared in India - National, State and Financial Emergency.
- During such a period some normal civil liberties are suspended because they conflict with the public interest and many personal rights are given up to protect citizens from harm or threat.
- The period of emergency can only be extended by Parliament with a majority of not less than two-thirds of its total strength.
- Even after emergency ends certain administrative practices implemented during emergency period remain unchanged due to the increased power given to the state during emergency times.
