Supritha C, Christ (Deemed To Be University)
ABSTRACT
An emergency by definition is a serious crisis that needs to be resolved right away if the country and its citizens are to survive. As a result, emergency provisions are ingrained in many constitutions around the world. In India, the founding architects of the Indian Constitution also included provisions for three different sorts of emergencies: national emergencies, state emergencies, and financial emergencies. As a guardian of the founding fathers' values enshrined in our constitution, the judiciary plays a crucial role. The court has the primary responsibility for upholding the rule of law, which is the foundation of democracy. Even though the Indian judiciary did its part to uphold the fundamental principles of the constitution during the Indira Gandhi Government in 1975 when there was a gross misuse of emergency provisions, the period was still referred to be the "dark phase" of India's democratic system. Similar to this, the union government frequently abused the emergency provisions under Article 356 of the Indian Constitution, which allows for a state of emergency. There is a well observable evolution in the precedents that the Indian Judiciary has come up in consideration with this matter. Nevertheless, India has never declared a financial emergency. In order to guarantee that emergency provisions are used appropriately and, in both letter, and spirit, a suitable system must be put in place.
Keywords: Article 352,356, misuse of emergency provisions, Judiciary on emergency.
