Emergency Provisions in the Indian Constitution are borrowed from ____...
Emergency Provisions in the Indian Constitution are borrowed from the Government of India Act, 1935.
The Government of India Act, 1935 was a significant constitutional document that laid the foundation for the Indian Constitution. It was enacted by the British Parliament and served as the governing framework for British India until India gained independence in 1947. The Indian Constitution, which came into effect in 1950, incorporated several provisions from the Government of India Act, 1935.
The Emergency Provisions in the Indian Constitution are among the provisions borrowed from the Government of India Act, 1935. These provisions empower the President of India to declare a state of emergency under certain circumstances, thereby granting the government special powers to deal with exceptional situations threatening the security, integrity, or sovereignty of the country.
Here are the key Emergency Provisions in the Indian Constitution:
1. National Emergency: Article 352 of the Indian Constitution deals with the declaration of a National Emergency. The President can declare a National Emergency if he is satisfied that there is a threat to the security of India, whether due to war, external aggression, or armed rebellion.
2. State Emergency: Article 356 of the Indian Constitution deals with the declaration of a State Emergency, also known as President's Rule. The President can impose President's Rule in a state if he is satisfied that the state government cannot be carried on in accordance with the provisions of the Constitution.
3. Financial Emergency: Article 360 of the Indian Constitution deals with the declaration of a Financial Emergency. The President can declare a Financial Emergency if he is satisfied that the financial stability or credit of India or any part of its territory is threatened.
These Emergency Provisions provide the government with extraordinary powers, such as the suspension of fundamental rights, the centralization of power, and the extension of the executive's authority. However, these powers are not absolute and are subject to judicial review.
By borrowing these Emergency Provisions from the Government of India Act, 1935, the framers of the Indian Constitution aimed to ensure that the government has the necessary tools to effectively respond to critical situations while maintaining the integrity and stability of the nation. These provisions strike a balance between providing the government with emergency powers and safeguarding the rights and liberties of the citizens.