Constitution | Emergency | Rights | article 20 & 21 | Exceptions

Emergency Provisions under the Indian Constitution (Part XVIII, Articles 352-360)
The Constitution empowers the President to declare three types of emergencies to address abnormal situations:
1. National Emergency (War, External Aggression, or Armed Rebellion):
• The President can declare a National Emergency when the security of India or a part of its territory is threatened by war, external aggression, or armed rebellion (earlier referred to as “internal disturbance”).
• This declaration can apply to the whole of India or specific regions.
• The President can revoke or alter the proclamation anytime.
• A written decision from the Union Cabinet is required before the President can issue the emergency.
• The proclamation must be presented to both Houses of Parliament and will cease after one month unless approved by both Houses.
• If the Lok Sabha is dissolved at the time, the emergency will cease after 30 days from the first sitting of the newly elected Lok Sabha, unless it is approved.
• Once approved, the emergency will last for six months, and its continuation will require parliamentary approval every six months.
• The emergency can be declared even if there is an imminent threat, not necessarily an ongoing war or rebellion.
• The President’s satisfaction is based on the Cabinet’s advice, and cannot be personally challenged in court, but judicial review of the validity of the emergency is allowed (as decided in the Minerva Mills case, 1980).
2. Impact on Fundamental Rights During Emergency:
• Article 359 (as amended) allows the State to make laws or take executive action during an emergency without being restricted by the Fundamental Rights in Part III of the Constitution.
• However, Article 21 (right to life and personal liberty) cannot be suspended during an emergency.
• Laws unrelated to the emergency can still be challenged in court.
3. The Habeas Corpus Case (A.D.M. Jabalpur v. S. Shukla, 1976):
• In this case, the Supreme Court ruled that during a National Emergency, no one could file a writ petition for habeas corpus (challenging illegal detention) under Article 226.
• The Court decided that personal liberty could be restricted, and individuals could not challenge detention orders, even if they were illegal or based on bad faith.
Key Changes by the 44th Amendment Act:
1. Article 21 cannot be suspended during an emergency.
2. Laws unrelated to the emergency can still be challenged in court.
These amendments aimed to prevent a repeat of the situations seen during the emergency period of 1975-77.
#fundamentalrights #rights #constitutionallaw #legal #emergency #lawstudent #viralvideo #india #viralshort #article20 #article21