Provision of Emergency and Violation of Human Right.
Innovation : The
Research Concept ISSN No. 2456–5474 RNI No.
.UPBIL/2016/68367 VOL- VI * ISSUE- IV * May - 2021
Abstract
Act-352 to 360 deals with the emergency Part-XVIII provisions in the India‟s Constitution. These emergency powers would be used in times of critical situations like Art.352 (emergency on account of war, external aggression or internal armed rebellion) this type of emergency declared in case of war and external aggression, Art.356, under this article, emergency declared in a particular state due to the failure of Constitutional machinery in the state and Art. 360 declared the financial emergency resulting from a threat to the financial stability or credit of India. H.V. Kamath warned the framers of the constitution that they should learn a lesson from the constitution of wiemer republic (Germany) which had emergency provisions. It was by misusing the emergency provisions that Hitler was successful in destroying the wiemer. Constitution and in establishing a dictatorship. An emergency under article 352 was proclaimed for the first time on 26 Oct. 1962 due to the Chinese Aggression against India and emergency was in operation when the 1965 war with Pakistan took place. This emergency was withdrawn in 1968. It was imposed again on 3rd Dec, 1971 with the outbreak of war with Pakistan and this proclamation continued till March 1977. On 26th June, 1975, the President proclaimed an emergency under article 352, because of a threat to the security posed by internal disturbances. This proclamation was withdrawn on 22d March, 1977. This period was considered as the black period of Indian constitutionThe emergency was declared by Prime Minister Indira Gandhi on grounds of Internal Disturbances. Emergency declared in 1975-77 with a view of retain her power, position and serve her political interests as she was accused of corruption charges after the Allahabad High Court found her guilty of corrupt electoral practices in the 1971 elections and based her from contesting elections for the next six years. Under article 356, Union Government has thoroughly misused the powers given to the President that is the reason why the Rajamannar Committee appointed by the Tamil Nadu government on Centre-State relations in 1970, and the West Bengal government memorandum on Centre-State relations in 1977 have recommended the deletion of Article 356.
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