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GS2 - emergency provisions

EMERGENCY PROVISIONS

Introduction

The emergency provisions in the Indian Constitution, codified in Part XVIII, are designed to safeguard the nation's sovereignty, unity, and integrity during times of grave crisis. These provisions grant the central government extraordinary powers to address threats and maintain stability. However, their implementation has been a subject of considerable debate due to concerns over potential misuse, impact on federalism, and erosion of civil liberties

Types of Emergencies

The Indian Constitution outlines three distinct types of emergencies:

National Emergency (Article 352)

Conditions for Declaration: A National Emergency can be declared in cases of war, external aggression, or armed rebellion.

Implications: During a National Emergency, the central government can assume broad powers, including suspending certain fundamental rights (except Articles 20 and 21). The federal structure can be altered, with the central government directing the functioning of state governments.

Historical Instances: National Emergency has been declared thrice:

1962: Due to the Sino-Indian War.

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