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An Analysis Of The National Emergency




Sukrut Epari, BBA LLB (Hons.), IILM Law School

INTRODUCTION

Governance in India is based on democracy. Democracy has, however, shown several shortcomings in how it operates. There are issues with follow-through at higher levels of administration, the line of responsibility from the civil service to the legislature and political authorities is weak, and there is insufficient supervision by parliamentary committees, among other things. So, responsible political leadership, wise policymaking, and a civil service with a professional mindset are all characteristics of good administration. Good administration is a pre-requisite for the existence of a robust civil society, which includes a free press and an independent judiciary. these are the pre-conditions for good governance. If the President of India is confident that it is necessary, he or she may declare an emergency and put the central government directly in charge of it. A formal written recommendation from the cabinet is required before the president may declare an emergency.

Part XVIII of the Constitution, Articles 352 to 360, contains references to the Emergency provisions. The Central government can efficiently handle any exceptional scenario according to all these laws.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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