Critical Analysis Of Proclamation Of Emergency & Its Impact On Federalism In India

Sarvotham R, School of Law, Christ (Deemed to be University)

ABSTRACT

India's constitution has provisions for dealing with emergencies that may occur at any moment. As a result, declaring an emergency is a highly serious matter that has a detrimental influence on people's freedom. It must, however, only be discharged in exceptional circumstances. A President may declare an emergency in accordance with Article 352(1) if hebelieves there is a security threat to or from India. The question will be whether the President's delight is legitimate. The term "emergency" refers to a sudden occurrence that requires governmental officials to respond immediately within their specific authority. Exceptunder Articles 20 and 21, an emergency is a disruption that revokes a person's civil rights. Anemergency occurs when the administrative machinery fails, causing or allowing the government to respond quickly. The Constitution was altered to include emergency measures for the country's security and the protection of its people, but these provisions give the Executives far too much authority. This has an impact on the Constitution's federal character, and the union becomes all-powerful. As a result, the Emergency clauses might have a negative influence on the federal character of the Indian Constitution. As a result, the Emergency Provisions have been abused multiple times throughout history. It happens especially in the case of the Proclamation of President’s Rule under Article 356. The main reason for the misuse of this provision is that sometimes the Union Government imposes suchEmergency for their political gain dominating the voice of the State Government. It frequently occurs when the President's Rule Proclamation under Article 356 is in effect. The major cause of this provision's abuse is that the Union Government occasionally establishes such emergencies for political reasons, therefore stifling the voice of the State Government.

Keywords: Federalism, Emergency, President Rule, Fundamental Rights