Ayush Hoonka, School of Law, CHRIST (Deemed to be University)
ABSTRACT
There are three types of emergencies-national emergency, Constitutional emergency, and financial emergency. Article 352 of the Constitution talks about various emergencies, while Article 353 of the Constitution talks about the Proclamation of Emergency. It states that Fundamental Rights can be suspended while the country is in a state of emergency, which is declared by the President of India. Emergency is a stipulated period of time which the President of India proclaims due to certain crises in the country. During a declared state of emergency, the state has the ability to suspend several civil liberties under Part XVIII of the Indian Constitution.
Article 359 gives President the power to suspend the Fundamental Rights of the Citizens. When the emergency is proclaimed, the six fundamental rights are suspended, which are mentioned in Article 358. The suspension of Fundamental Rights gives the power to the state to enact any suitable law or legislation, and they are given the power to make any move that eliminates the Fundamental Rights of the citizens, which are mentioned in Article 19 of the Constitution. Article 358 mentions explicitly about the suspension of provisions of Article 19 during emergencies, and therefore, the act cannot be challenged in any court.
Keywords: Fundamental Rights, Emergency, Judicial Review, Suspension
Commentaires