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constitutional law abstract emergency, Thesis of Constitutional Law

abstractconstitutional law abstract emergency

Typology: Thesis

2018/2019

Uploaded on 10/06/2019

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ABSTRACT
Emergency Provisions in the Indian Constitution
The Indian Constitution is not only the most comprehensive, but is paramount in the hands of the
executive in relation to the plethora of powers contained in its text. Although it has not been in
vogue since a long time, a remarkable proof of executive superiority was seen in 1975 when a
national emergency was declared by the President of India on the recommendation of Ms. Indira
Nehru Gandhi who was holding the responsibility of Prime Minister. that time. The basis of the
proclamation was "internal disturbances" and for a period of two years for which the Emergency
was in force, innocent Indian citizens were jailed by treason sedition laws. Even the Supreme
Court of the country could not do anything as the executive had at present withdrawn all the
fundamental rights. The non-existence of internal 'right to life and personal liberty' was shameful
for the Indian judiciary and it failed to protect the citizens from illegal sanctions. This paper
examines the reasons that led to the 1975 Declaration and its validity. It also lists the results of
the same.
KEY WORDS: -
Emergency, Constitution, India, Article, Indira Gandhi, Polity
NAME- MANAN GOYAL
ROLL NO. 123
NAME- RITIKA MUKHERJEE
ROLL NO. 70
NAME- DEV SHARMA
ROLL NO. 155
BA-LLB (3rd sem)

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ABSTRACT

Emergency Provisions in the Indian Constitution

The Indian Constitution is not only the most comprehensive, but is paramount in the hands of the executive in relation to the plethora of powers contained in its text. Although it has not been in vogue since a long time, a remarkable proof of executive superiority was seen in 1975 when a national emergency was declared by the President of India on the recommendation of Ms. Indira Nehru Gandhi who was holding the responsibility of Prime Minister. that time. The basis of the proclamation was "internal disturbances" and for a period of two years for which the Emergency was in force, innocent Indian citizens were jailed by treason sedition laws. Even the Supreme Court of the country could not do anything as the executive had at present withdrawn all the fundamental rights. The non-existence of internal 'right to life and personal liberty' was shameful for the Indian judiciary and it failed to protect the citizens from illegal sanctions. This paper examines the reasons that led to the 1975 Declaration and its validity. It also lists the results of the same. KEY WORDS: -

Emergency, Constitution, India, Article, Indira Gandhi, Polity

NAME- MANAN GOYAL

ROLL NO. 123

NAME- RITIKA MUKHERJEE

ROLL NO. 70

NAME- DEV SHARMA

ROLL NO. 155

BA-LLB (3 rd^ sem)