What are the effects of a Proclamation of Emergency on Fundamental Rights?

115 Oct 2024

Nikhil Kumar2 followers

A Proclamation of Emergency under Article 352 of the Indian Constitution has significant effects on the country"s governance, particularly regarding the protection of Fundamental Rights. During an emergency, certain Fundamental Rights can be suspended, and the Union Government gains sweeping powers. Understanding these effects is crucial to comprehend the balance between national security and individual liberties during times of crisis.

Effects of a Proclamation of Emergency on Fundamental Rights

When a National Emergency is proclaimed in India, certain fundamental rights can be suspended or modified. The following are the major effects:

1. Suspension of Right to Move the Court (Article 32)

One of the primary effects of a Proclamation of Emergency is the suspension of the right to move the courts to enforce Fundamental Rights. Article 32, which allows citizens to approach the Supreme Court for the enforcement of rights, can be temporarily suspended during an emergency.

Article 32: A constitutional right that guarantees access to the courts for the protection of Fundamental Rights.
Suspension: During a National Emergency, the right to move the Supreme Court for the enforcement of certain rights may be suspended.
Scope: This suspension applies to all rights under Part III of the Constitution except for those rights that cannot be suspended, such as the right to life and personal liberty.

2. Modification of Fundamental Rights (Article 19)

Article 19 of the Constitution guarantees certain freedoms, including the freedom of speech, assembly, and movement. However, during an emergency, the government can curtail or modify these rights, especially those relating to freedom of speech, assembly, and association.

Article 19: Guarantees rights like freedom of speech and expression, assembly, association, movement, and residence.
Modification: These rights can be suspended or limited during an emergency, subject to reasonable restrictions.
Reasonable Restrictions: The government may impose restrictions based on national security concerns during an emergency period.

3. President’s Powers to Issue Orders

During an emergency, the President of India can issue orders that affect the rights of citizens. These orders can have far-reaching implications, including limiting or altering the application of Fundamental Rights.

Presidential Powers: The President’s powers during an emergency allow for the issuance of orders that can override certain fundamental rights.
Temporary Suspension: The suspension of rights is generally temporary, but it can be extended by the President with Parliament’s approval.
Impact on Citizens: The suspension of rights during an emergency period significantly impacts citizens’ freedoms and the democratic framework of governance.

Key Questions and Answers

What happens to the right to move the courts during an emergency?
Answer: During a National Emergency, the right to move the courts for the enforcement of Fundamental Rights can be suspended under Article 32 of the Constitution.
Can the government limit Fundamental Rights during an emergency?
Answer: Yes, the government can limit certain Fundamental Rights, especially under Article 19, which deals with freedoms of speech, assembly, and movement.
What powers does the President have during a National Emergency?
Answer: The President has the power to issue orders that may suspend or modify the application of certain Fundamental Rights during an emergency period.
Is the suspension of Fundamental Rights permanent?
Answer: No, the suspension of Fundamental Rights is generally temporary and can be extended by the President with Parliament’s approval.

In summary, the proclamation of a National Emergency brings significant changes to the functioning of the democratic system in India, especially regarding Fundamental Rights. The suspension or modification of these rights ensures that the government has the necessary powers to address national security threats but must be balanced with constitutional safeguards.