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

216 Oct 2024

Nikhil Kumar2 followers

A Proclamation of Emergency under Article 352 of the Indian Constitution has significant effects on the Fundamental Rights of citizens. During a national emergency, the central government assumes greater control, and certain rights of the citizens may be suspended or limited. This provision ensures the protection of the nation’s security while also affecting the rights of individuals.

1. Suspension of Certain Fundamental Rights

One of the major effects of the Proclamation of Emergency is the suspension of certain Fundamental Rights. Article 358 and Article 359 allow the government to suspend the enforcement of fundamental rights, including the right to freedom of speech, movement, and protection against arbitrary arrest.

Sub-topics under this:

Article 358: During an emergency, the provisions of Article 19 (Protection of certain rights regarding freedom of speech, etc.) can be suspended.
Article 359: The President can suspend the enforcement of certain rights such as the right to move to the courts for enforcement of fundamental rights.
Impact on Right to Equality: During an emergency, the right to equality can be restricted to address national security concerns.
Temporary Nature: The suspension of rights is temporary and only applies during the emergency period.

2. Extension of the Power of the Executive

Another effect of a Proclamation of Emergency is the extension of executive powers. The central government can assume control over the state governments, which impacts the balance of power between the states and the union.

Sub-topics under this:

Centralized Power: The power shifts from the state governments to the central government, allowing more centralized control over resources and policies.
Enforcement of Central Laws: The central government can enforce laws in states, which may override state legislation.
Impact on Federal Structure: The emergency disturbs the federal balance and centralizes authority in the hands of the President and Union Government.
Role of Parliament: Parliament has more power to enact laws that affect the entire country, overriding states’ autonomy.

3. Limitations and Safeguards during Emergency

Despite the suspension of rights and the extension of central powers, there are limitations and safeguards provided under the Constitution. The emergency provisions have checks to prevent misuse of power.

Sub-topics under this:

Judicial Review: Even during a national emergency, the Supreme Court can review the proclamation of emergency and ensure that it is in accordance with the Constitution.
Time-bound Nature: The Proclamation of Emergency must be approved by Parliament within a specific time frame and can be revoked if necessary.
Limitation on Suspension: The suspension of rights does not affect all fundamental rights; rights like the right to life and personal liberty cannot be suspended.
Role of President: The President’s role in declaring the emergency ensures that the decision is not unilateral, and Parliament must approve the proclamation.

Key Questions for Revision

What rights are suspended during a Proclamation of Emergency?
The right to freedom of speech, movement, and protection from arbitrary arrest may be suspended during an emergency.
How does the Proclamation of Emergency affect the federal structure of India?
The Proclamation of Emergency centralizes power in the hands of the central government, disturbing the federal balance.
Can the suspension of Fundamental Rights be challenged?
Yes, the Supreme Court has the power of judicial review to ensure that the emergency declaration is in accordance with the Constitution.
How long can a Proclamation of Emergency last?
A national emergency can last for up to six months and must be extended with parliamentary approval.

The Proclamation of Emergency, while essential for safeguarding national security, comes with profound impacts on citizens’ fundamental rights. However, these effects are not without checks and safeguards to ensure that power is not misused, and that the balance between central and state authority is restored once the emergency ends.