Effects and misuse of emergency provisions

Overview of Emergency Provisions

1. The emergency provisions in Part XVIII of the Constitution empower the central government to manage extraordinary situations.
2. They include three types: National Emergency (Article 352), State Emergency (Article 356), and Financial Emergency (Article 360).
3. While designed to protect national security and governance, these provisions also have the potential for misuse.

Effects of Emergency Provisions

1. Under a National Emergency (Article 352):
   • Fundamental Rights under Article 19 are suspended.
   • The central government gains legislative control over state subjects.
   • The financial resources of states can be directed by the Union government.
2. Under State Emergency (Article 356):
   • The President assumes all executive powers of the state government.
   • The state legislature is suspended or dissolved.
   • Central rule ensures the functioning of governance as per the Constitution.
3. Under Financial Emergency (Article 360):
   • The President can direct states to observe financial discipline.
   • Salaries of government officials, including judges, can be reduced.
   • All financial bills passed by state legislatures require central approval.
4. These provisions centralize power and are critical during crises, ensuring national integrity and governance continuity.

Misuse of Emergency Provisions

1. The potential for misuse arises primarily with State Emergency (Article 356).
2. There have been instances where Article 356 was used for political gains rather than genuine governance breakdowns.
3. During the 1975 Emergency, the government suspended civil liberties and censored the press under Article 352, raising concerns over authoritarianism.
4. Frequent and politically motivated impositions of President’s Rule were observed in the 1970s and 1980s.
5. Judicial intervention in cases like S. R. Bommai vs. Union of India (1994) curtailed the misuse of Article 356.

Safeguards Against Misuse

1. The 44th Amendment Act (1978) introduced key safeguards to prevent misuse:
   • Requiring a written recommendation from the Union Cabinet for Article 352.
   • Replacing "internal disturbances" with "armed rebellion" for National Emergency declaration.
   • Judicial review of emergency proclamations is allowed.
2. Public awareness and accountability mechanisms help mitigate potential abuses.

Implications of Misuse

1. Undue use of emergency powers can lead to:
   • Erosion of democratic values.
   • Centralization of power, undermining federalism.
   • Suppression of civil liberties and human rights.
   • Disruption of governance at the state level.
2. However, emergencies declared legitimately have reinforced the unity, stability, and security of the nation during crises.

Judicial Oversight

1. The judiciary has played a vital role in ensuring that emergency powers are used judiciously.
2. Cases like Keshavananda Bharati and Minerva Mills emphasize the need for constitutional balance.
3. Judicial review serves as a check against arbitrary executive actions.

Conclusion

1. Emergency provisions are vital for managing crises but require strict adherence to constitutional safeguards.
2. The balance between national security and democratic principles is crucial for their effective and just use.