Tracing The Evolution Of The National Emergency And The Development Of The Judicial Review

Anushka Mathur, B.B.A. LL.B, Symbiosis Law School, Nagpur

ABSTRACT

This research paper revolves around, how the doctrine of Judicial Review developed and operates within the framework of National emergency. It explores the tension between individual rights and national security, as well as the judiciary's role in balancing these concerns. The study also assesses the impact of judicial decisions on executive powers during emergencies and emphasizes the judiciary's role in upholding constitutional boundaries. The Indian Constitution vests the judiciary with the power of judicial review, allowing it to examine the constitutionality of laws and actions taken by the executive and legislative branches. Simultaneously, the Constitution also provides provisions for the declaration of a national emergency in situations of grave internal or external threats to the nation. This research seeks to understand the constitutional provisions, historical context, and significant judicial pronouncements in India.

Keywords: Article 352, Judicial Review, 44th Amendment, 38th Amendment, Minerva Mills, Bhutnath.