Over the past 64 years of the Indian republic, the nation has witnessed many strange events. Ranging from the Legislature vs Judiciary debate of the 1970s to the secessionist movements in the North-east, challenges to the functioning of world’s largest democracy have been myriad. Emergencies form a significant part of it. Apart from the infamous proclamation of National Emergency of 1975, there are also numerous occasions when the misuse of State Emergency has been done. The emergency provisions in our constitution are inherited from its preceding document, the Government of India Act of 1935. In addition to that the provision for suspending Fundamental Rights of the citizen during Emergency has been taken from the Weimar Constitution of Germany. Part 18 (Art. 352-360) of the constitution enumerates 3 kinds of Emergency – National, State and Financial Emergency. This paper is intended to analyse the use and abuse of various National Emergency provisions in the Indian Constitution with special reference to 1975 National Emergency. A historical account of National Emergency will also be analysed. Was the rationale behind the declaration of National Emergency in 1975 justified? Is there any difference between an authoritarian government and a parliamentary democracy where a single party has an overwhelming majority in both the houses? The special case of article 358 will also be examined. These will be the questions that this paper will try to answer.
What usually Happens during National Emergency?
Emergency is an extraordinary situation in which the state cannot function normally. The state will not be able to discharge its responsibilities, like in the normal circumstances. A tighter executive control on the state is required. S...
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...herwise dreadful chapter in Indian Democracy.
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...t from exercising authority in these cases. These inherent powers have been used both at home and overseas. The most common use of emergency powers is when a state of emergency is issued. But there have been other cases when they were needed. One of the most famous and earliest uses of emergency powers was when Abraham Lincoln used them to suspend the writ of habeas corpus during the Civil War in order to unite a divided country. One thing a declaration of emergency can do is provide federal aid to an area or country in need. Examples of this include such tragic disasters as Hurricane Katrina not to mention the most recent Hurricane Irene which devastated the east coast. In conclusion, Congress has helped develop the Presidency through many means whether it was allowing the president to exercise authority during an emergency or giving the President certain powers.
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About the power of the subjects of international law, it is the basic properties, the special legal ability of the subjects that inherited the rights and shoulder the obligations, legal responsibility in international legal relations. Subjects' power includes two aspects, and only when ones get all these two aspec...
Legal Pluralism is the presence of various legal systems within a single country or a geographical area. Legal Pluralism is omnipresent although it is generally assumed to exist in countries only with a colonial past. This is because in most countries with a colonial past, colonial laws co-exist alongside indigenous laws. However, if we look at the expansive definition of legal pluralism, it can be said that every society or country if legally plural. The modern definition of legal pluralism also deals with the issues of relation between state and non-state legal orders. It shows the dichotomy that exists between customary legal norms and state law. The judiciary of India has upheld this principle of pluralism in many cases by showing that
4 # Stein, Burton (2001), a History of India, New Delhi and Oxford: Oxford University Press. Pp. xiv, 432, p.222
During the Cold War, many regional conflicts occurred and were noted as the significant battles which later led to decolonization. One of the regional conflicts were India and Pakistan fighting for their independence. In 1947, India was released under Great Britain’s control and gained its independence. However, the country was divided between Muslims and Hindus, which share different religions. Muslims wanted church and state to become unified while Hindus wanted a separation of these two establishments. Since these two ethnic groups disagreed, it was difficult to create a new government. Therefore, India was divided into two nations: India for the Hindus and Pakistan for the Muslims. Hindus and Muslims were racing to the border in order to get to their nation state which led to killing 500,000 people due to rioting. Although, Mohandas Gandhi, an Indian National Congressman, wanted to obtain peace between these two religions. Pakistan refused the H...
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The British administered India for a period of about two centuries and brought about revolutionary changes in
India was the first major Asian civilizations to fall victim to European predatory activities (Duiker 31). With conquering India, the British had various purposes behind it. Their main purpose was to achieve a monopolistic trading position (The Economic and Social Impact of Colonial Rule in India). The second purpose was the control of India; this was a key element in the world power structure, in terms of geography, logistics and military manpower (The Economic and Social Impact of Colonial Rule in India). When the East India Company continued to trade under the British, huge armies were created, largely composed of Indian sepoys (Marshall). The armies were used to defend the Company’s territories protect the Indian states (Marshall).
Pakistan and India both believe they have valid claims on Kashmir. If looked at logically and ethically, only Pakistan’s claim can stand up to scrutiny. Successive Pakistani leaders have referred to Kashmir as the “jugular vein” of Pakistan, a fact reported on the Indian Embassy’s Note on Kashmir. This refers to the major rivers originating in the Kashmir Valley on which Pakistan is critically dependent. India has little right on Kashmir, as each of their arguments, if not legally, is morally wrong.
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