Emergency Provisions and Constitutional Safeguards in India, from the book Contours of Contemporary Legal Research: A Multidisciplinary Perspective: Volume 1: Foundations and Frontiers of Public Law
Book Title: Contours of Contemporary Legal Research: A Multidisciplinary Perspective: Volume 1: Foundations and Frontiers of Public Law
Chapter Title: Emergency Provisions and Constitutional Safeguards in India, pp. 191-202
Chapter Author: Dr. Sakshi Gupta, Assistant Professor, Teerthanker Mahaveer University
Book Publisher: Luminus International Publishers
Date of Publication: 12 July 2025
Book Citation: Adarsh Pandey, Garima Dixit, Jyoti Priya, Mr. Sourabh Batar. Contours of Contemporary Legal Research: A Multidisciplinary Perspective: Volume 1: Foundations and Frontiers of Public Law, Luminus International Publishers, 12 July 2025 DOI: 10.25215/9371832142
Chapter Abstract: Emergency provisions in the Indian Constitution establish a framework that allows the government to respond to crises threatening the sovereignty, integrity, security, or the constitutional machinery of the nation. This framework, articulated in Part XVIII of the Constitution, is categorized into three types: National Emergency, State Emergency (President's Rule), and Financial Emergency. Each type has its own specific criteria and implications for the political and civil rights of citizens. The safeguards embedded in these provisions aim to ensure that the use of emergency powers is not arbitrary, protecting democracy from potential misuse. This paper examines the historical context, rationale, and implications of these provisions, alongside the constitutional safeguards designed to prevent abuse of power. The role of judiciary oversight, parliamentary procedures, and the protection of fundamental rights during emergencies are also critically analyzed to assess the balance between state security and individual liberties.
The chapter and entire book is open access and available here.
