Write a critical note on the Emergency Powers under the Constitution and their misuses, if any.

Question

Ghissu Editorial · Accepted Answer

The Constitution's emergency powers (Articles 352, 356 and 360) protect national unity but have been misused, notably the 1975 Emergency and frequent dismissals of opposition state governments under Article 356. The 44th Amendment and the Bommai judgment (1994) added safeguards against such misuse.

**Introduction**

Emergency powers in the Indian Constitution (Articles 352-360) enable the Centre to act decisively during crises but have been misused, threatening democracy and federalism.

**Constitutional Framework**

1. **Types of Emergencies**: National Emergency (Article 352), State Emergency (Article 356), and Financial Emergency (Article 360) allow suspension of rights and centralisation of power.  
2. **Safeguards and Oversight**: The 44th Amendment mandates presidential action on Cabinet advice and parliamentary approval within a month to curb arbitrary use; ==President's Rule in undivided Andhra Pradesh in 2014== shows Article 356 in use during a transitional crisis.  
3. **Suspension of Rights and Federal Impact**: During National Emergency, fundamental rights under Article 19 can be suspended and states come under Centre’s control, temporarily altering India’s federal structure.

**Misuse of Emergency Powers**

1. **1975 Emergency Abuse**: Declared by Indira Gandhi after the Allahabad High Court verdict, it suppressed dissent and civil liberties, as detailed by the Shah Commission (1978).  
2. **Article 356 Misapplication**: Sarkaria Commission (1988) documented frequent misuse to dismiss opposition governments, weakening federalism; ==the 1984 dismissal of N.T. Rama Rao's government in Andhra Pradesh== highlights this issue.  
3. **Judicial Responses**: ADM Jabalpur (1976) controversially upheld suspension of habeas corpus, but S.R. Bommai (1994) imposed strict limits on Article 356, reinforcing judicial checks.

**Way Forward**

1. **Strengthen Safeguards**: Amendments should tighten emergency grounds and enhance parliamentary and judicial scrutiny.  
2. **Promote Federal Dialogue**: Empowering the Inter-State Council can ease Centre-State tensions.  
3. **Judicial Vigilance and Public Awareness**: Fast-track judicial review and civic education can uphold constitutional morality and prevent misuse.

**Conclusion**

Emergency powers must be balanced with robust safeguards and judicial oversight to protect India’s democracy, federalism, and civil liberties.

రాజ్యాంగం క్రింద అత్యవసర అధికారాలు మరియు వాటి దుర్వినియోగాలపై, ఏవైనా ఉంటే, విమర్శనాత్మక వ్యాఖ్య రాయండి.

Model answer

ఈ ప్రశ్నను ప్రాక్టీస్ చేయండి

భారతదేశంలో న్యాయవ్యవస్థ15 questions

Ghissu