Emergency Provision in India – A Doctrinal Research

Asmit Chitransh
Symbiosis Law School, Hyderabad
Ishani Singh
College of Legal Studies,
University of Petroleum and Energy Studies, Dehradun

Emergency is the extreme situation when the constitutional machinery of the nation fails to that level which cannot be controlled by the democratic government or there is a severe threat on the nation or any part of the territory which can also be financial in nature, at that point of time the President of India takes the ultimate call and proclaims an Emergency. Being a democratic nation emergency provision in India has been subject to a lot of debate and discussion as the ultimate control goes to one single authority. The paper talks about the historical development of emergencies in India and also the types of emergency provisions in India. The need to declare emergency, is it justified? What are the pros and cons of emergency? Since there is always the other side, what is the reason that the area is still debated over? These topics are dealt in this paper taking reference of relevant case statutory provisions, case laws, journals and research articles. The paper concludes with certain sets of suggestions and recommendations that can be followed to combat problems in future.

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