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…

Per reporting from the Associated Press, on 31 July 2025, El Salvador's Legislative Assembly pushed through a constitutional reform overnight eliminating presidential term limits, fueling concerns that it paves the way for President Nayib Bukele to indefinitely stay in power…

Giorgio Agamben’s Homo Sacer: Sovereign Power and Bare Life (1995) stands as a watershed text in political philosophy, offering an incisive analysis of how states of exception can threaten democratic governance. Building on Carl Schmitt's provocative claim that "the sovereign is he who decides on the exception," Agamben uncovers the troubling paradox at the heart of modern political systems: that the legal order in fact depends on the power to suspend itself…

Walter Benjamin’s 1921 essay Critique of Violence offers a profound philosophical investigation that has become foundational to understanding the complex relationships between law, violence, and sovereign power. The essay's significance to studies of states of exception lies in Benjamin's careful dissection of violence's role in legal frameworks—not as aberrations, but as structural features of political systems themselves…

The Vox article, “Donald Trump keeps declaring national emergencies. Why?” published on May 18, 2025, examines President Trump’s unprecedented use of national emergency declarations during the first 100 days of his second term. As of this writing, he has declared eight national emergencies across various domains, including the southern border, energy, trade, drug trafficking, and the International Criminal Court. These declarations grant him access to special powers outlined in over 150 legal provisions, enabling actions beyond or against congressional authorization. The article features insights from Elizabeth Goitein of the Brennan Center for Justice, who discusses the history and potential for misuse of these powers, especially given the limited checks on presidential authority following a 1983 Supreme Court ruling that removed Congress’s ability to veto emergency declarations…

This video from Philosopheasy explores Giorgio Agamben's philosophy on the "state of exception," where emergency powers become a norm, allowing governments to suspend laws and exert control, as seen in situations like the war on terror and the COVID-19 pandemic.

Hannah Arendt’s The Origins of Totalitarianism (1951) stands as a foundational text for understanding how democratic societies can transform into totalitarian regimes. While Arendt doesn't explicitly employ the term state of exception her work foreshadows the concept, detailing how the seemingly temporary suspension of legal protections during crises can become a permanent feature of authoritarian rule. Her work meticulously traces how factors such as European colonialism, antisemitism, and the manipulative use of ideological propaganda facilitated unprecedented concentrations of executive power in Nazi Germany and Stalinist Russia…

According to a 2024 academic analysis published by the Columbia Undergraduate Law Review, El Salvador has continuously extended its state of emergency since March 27, 2022. , using vague constitutional language that allows indefinite suspension of civil liberties. The Salvadoran constitution permits 30-day emergency declarations but includes a loophole allowing renewal if “circumstances continue.” Despite a reported 70% drop in homicides by 2023, the emergency remains in place, now reauthorized more than two dozen times. Under this regime, over two percent of the adult population has been incarcerated, with numerous reports of arbitrary detention, denial of due process, and alleged torture in state custody. The article contrasts El Salvador’s system with South Africa’s constitutional framework, offering it as one model for more accountable governance that integrates checks on emergency power…

According to The Guardian, on April 4, 2025, South Korea’s President Yoon Suk Yeol was removed from office following a unanimous Constitutional Court decision. The court ruled that Yoon’s December martial law order constituted a “grave betrayal of the trust of the people” and violated the proper exercise of emergency powers. As a result, interim leader Han Duck-soo has been appointed to govern until a new president is elected within 60 days. In a brief statement, President Yoon apologized and acknowledged the court’s decision. The 111-day impeachment process, set against rising concerns for the country’s democratic future, culminated in this decisive action. Additionally, the report notes that Yoon may face a separate criminal trial related to charges of insurrection. South Korea’s conservative party stated that it “solemnly accepts” the outcome, while opposition leaders hailed the ruling as a victory for democracy…