Examine the events that resulted in the declaration of emergency in 1975 and talk about the ramifications.
Comparing British and Indian Approaches to Parliamentary Sovereignty British and Indian approaches to parliamentary sovereignty reflect their distinct legal and constitutional frameworks. In the UK, parliamentary sovereignty is a fundamental principle, meaning that Parliament can make or repeal anyRead more
Comparing British and Indian Approaches to Parliamentary Sovereignty
British and Indian approaches to parliamentary sovereignty reflect their distinct legal and constitutional frameworks. In the UK, parliamentary sovereignty is a fundamental principle, meaning that Parliament can make or repeal any law, and no other body can override or challenge its decisions. This principle underpins the UK’s uncodified constitution, allowing Parliament to have supreme legislative authority.
Conversely, India’s approach to parliamentary sovereignty is influenced by its written Constitution, which delineates the powers and limits of Parliament. While Indian Parliament has significant legislative authority, it operates within the constraints of the Constitution. The Indian Constitution is supreme, and Parliament cannot enact laws that violate its provisions. This framework introduces a system of checks and balances, where judicial review ensures that laws comply with constitutional principles, thus limiting Parliament’s sovereignty.
In summary, while British parliamentary sovereignty grants unrestricted legislative power to Parliament, India’s approach integrates constitutional constraints, balancing legislative authority with adherence to constitutional norms.
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The government of India,under the leadership of Prime Minister Indira Gandhi , declare a national emergency in 1975. The government uses Article 352 of Indian constitution, declaring a threat of internal security. The following were the reasons given by the government: 1) Economic Crisis: Indo-PakRead more
The government of India,under the leadership of Prime Minister Indira Gandhi , declare a national emergency in 1975. The government uses Article 352 of Indian constitution, declaring a threat of internal security.
The following were the reasons given by the government:
1) Economic Crisis: Indo-Pak war of 1971 put a heavy strain on India’s economy. US government also stopped all aid to India Post war. Also the rise in prices of oil and other commodities caused hardship for economy.
2) Student’s protest in Gujarat and Bihar: Due to rise in prices and unemployment, the students started an agitation against them. These protests were joined by opposition leaders.
3) JP Movement and Railway strike: JP Narayan gave a call for total revolution in the social economic and political spheres, in order to establish, what he considered, true democracy. Alongside this, the workers of Railways started a nationwide strike under the leadership of George Fernandes.
4) Judicial conflicts: Along with the ‘basic structure doctrine’ in Keshavananda Bharti Case, the tussle between judiciary and parliament began. Further, the tensions were ignited with the politically controversial appointment of Justice A.N. Ray as the chief Justice of India.
5) The verdict of Allahabad High Court: The order came on an election petition filed by Raj Narain, who contested against Indira Gandhi in 1971. The judgement declared that she is no more an MP.
The above mentioned reasons led to the promulgation of National Emergency in 1975.
The impacts of this was:
1. the strikes and Hartals were banned.
2. the opposition leaders were put in jails.
3. the government suspended Freedom of Press.
4. the various Fundamental rights (including Article 14, 19, 21 & 22 ) were suspended.
5. The government made extensive use of preventive detention.
6. the government bought in many amendments to the constitution through 42nd and 43rd constitutional amendments.
The 42nd CAA affected the constitution to the extent that it is called as ‘mini constitution’. During emergency, the election of 1976 were postponed to 1978 and as a result of emergency, Indira Gandhi lost the elections. The new government was formed by Janta Dal and various controversial amendments of 42nd and 43rd CAA were abrogated by 44th CAA.
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