Anip Chakraborty, LLM (Constitutional and Administrative Law), Christ (Deemed to be University), Bengaluru, Karnataka
ABSTRACT
Emergency can be referred to an extreme situation wherein the normal constitutional machinery of the country cannot be carried forward and there is a severe threat to the nation. India is a democratic country with a federal structure and therefore, several criticisms were being subjected towards the emergency provisions as has been enshrined in the Constitution. The Emergency provisions were being incorporated as a part of the Constitution of our country to safeguard the security of the country during times of external aggression or internal disturbances.
This paper highlights the changes that occur in the federal structure of the nation when any form of emergency is being proclaimed in the country. India is a federal country with certain unitary features that has been embedded within the Constitution. However, the researcher through this paper explains that when an emergency is being proclaimed, a strong centralizing tendency can be observed wherein the Central Government becomes empowered to undertake various administrative and legislative functions of the states. The paper concludes by answering as to whether such provision as has been embedded in the Constitu8tion is efficient and effective in serving the purpose for which it was formulated and providing suggestions that the incorporated within the existing provision to combat any such situation if future with strong and effective mechanisms.
Keywords: Emergency, Constitution, Federal, Government, Centralizing.
