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Assess the provisions for emergency powers in the Indian Constitution, and the debates surrounding the scope and limits of these extraordinary measures. Discuss the role of the judiciary in overseeing the exercise of emergency powers.
The Indian Constitution provides provisions for emergency powers that can be invoked in times of crisis. These provisions are outlined in Part XVIII, Articles 352 to 360, and are aimed at ensuring the integrity, security, and smooth functioning of the nation during extraordinary situations. Let's taRead more
The Indian Constitution provides provisions for emergency powers that can be invoked in times of crisis. These provisions are outlined in Part XVIII, Articles 352 to 360, and are aimed at ensuring the integrity, security, and smooth functioning of the nation during extraordinary situations. Let’s take a closer look at these emergency provisions and the debates surrounding their scope and limits, as well as the role of the judiciary in overseeing their exercise.
Provisions for Emergency Powers:
a. Article 352 – National Emergency: This provision allows the President of India to declare a national emergency in situations of war, external aggression, or armed rebellion. It grants the central government sweeping powers to take necessary steps to address the emergency situation effectively.
b. Article 356 – President’s Rule: This provision empowers the President to impose President’s Rule in a state if the constitutional machinery in that state fails or is unable to function properly.
c. Article 360 – Financial Emergency: This provision enables the President to proclaim a financial emergency if the financial stability or credit of the nation or any part thereof is threatened. It grants the central government authority to take necessary financial measures to address the crisis.
Scope and Limits:
The provisions for emergency powers have been a subject of intense debate and scrutiny. Critics argue that these provisions have the potential for misuse and can infringe upon individual rights and democratic principles. There have been concerns about the subjective interpretation of “internal disturbance” and the potential for political motives to influence the invocation of emergency powers.
To address these concerns, the Constitution imposes certain checks and balances on emergency powers. For example:
a. The President’s proclamation of emergency requires the approval of the Parliament within a specified time.
b. The judiciary has the power to review the validity of emergency proclamations and actions taken during emergencies.
Role of the Judiciary:
The judiciary plays a crucial role in overseeing the exercise of emergency powers in India. It acts as a guardian of fundamental rights and ensures that emergency measures do not violate the basic structure of the Constitution. The Supreme Court of India has established certain principles and guidelines to limit the scope of emergency powers, safeguard individual liberties, and prevent abuse of emergency provisions.
The landmark case of ADM Jabalpur v. Shivkant Shukla (also known as the Habeas Corpus case) during the Emergency (1975-1977) is an important example. The Supreme Court, in a controversial decision, held that during an emergency, individuals’ right to approach the courts for habeas corpus relief stood suspended. This decision sparked significant debates and criticism, emphasizing the need for a robust and vigilant judiciary to protect constitutional rights during emergencies.
Over the years, the judiciary’s role in overseeing emergency powers has evolved, with courts taking a proactive stance in safeguarding fundamental rights. They have emphasized the importance of judicial review, ensuring that emergency powers are exercised within the confines of the Constitution and that individual rights are not unduly curtailed.
In conclusion, the Indian Constitution provides provisions for emergency powers, but their scope and limits have been a subject of debate. The judiciary plays a vital role in overseeing the exercise of these powers, ensuring their constitutionality and protecting individual rights. The evolving jurisprudence surrounding emergency powers reflects the delicate balance between maintaining order and upholding democratic principles in times of crisis.
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To embed environmental ethics in the making of environmental legislations, consider the following strategies:
Climate change trend
India is one of the most vulnerable countries to climate change, and recent trends in the country have been alarming. Here are some recent trends in climate change in India: Rising temperatures: India has experienced a steady rise in temperatures over the past few decades, with an average increase oRead more
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Discuss features of Indian Constitution.
The Constitution of India is the supreme law of the country, laying down the framework and structure of the government, fundamental rights, and duties of citizens. The Indian Constitution is one of the longest written constitutions in the world, with 448 articles in 25 parts and 12 schedules. Here aRead more
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Is vermi-culture becoming an excellent alternative or complement to traditional agriculture ?
Vermiculture, also known as vermicomposting, is the process of using worms to break down organic matter into a nutrient-rich fertilizer. In recent years, vermi-culture has gained popularity as a sustainable and eco-friendly alternative or complement to traditional agriculture. Here are some reasonsRead more
Vermiculture, also known as vermicomposting, is the process of using worms to break down organic matter into a nutrient-rich fertilizer. In recent years, vermi-culture has gained popularity as a sustainable and eco-friendly alternative or complement to traditional agriculture. Here are some reasons why:
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Complementary benefits:
Challenges and limitations:
Is fate and destiny the same? And how does the story of Radha and Krishna define the meanings and differences associated to fate and the end of destiny?
In Hinduism, fate and destiny are often used interchangeably, but they have slightly different connotations. Fate (Niyoga) refers to the predetermined course of events that are believed to be set in motion by the gods or other supernatural forces. It is often seen as a natural and inevitable sequencRead more
In Hinduism, fate and destiny are often used interchangeably, but they have slightly different connotations.
Fate (Niyoga) refers to the predetermined course of events that are believed to be set in motion by the gods or other supernatural forces. It is often seen as a natural and inevitable sequence of events that cannot be changed or altered. In this sense, fate is often associated with the idea of karma, where an individual’s actions in past lives determine their current circumstances.
Destiny (Daiva), on the other hand, implies a sense of purpose or direction that is believed to be divinely ordained. It is often associated with the concept of Dharma, which is the natural order of things, and the idea that one’s actions are guided by a higher power to achieve a specific goal or outcome.
The story of Radha and Krishna from Hindu mythology offers valuable insights into the concepts of fate and destiny.
Radha, a cowherd maiden, was destined to be the beloved of Krishna, an incarnation of Lord Vishnu. Their love was considered a divine union, where Radha’s fate was intertwined with Krishna’s. Their story is often seen as an embodiment of the concept of predestined love (Karmic connection).
In this context:
The story suggests that Radha’s fate was predetermined by the gods, whereas her destiny was the fulfillment of her role as Krishna’s beloved.
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