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Part III Constituting Democracy, Ch.13 Emergency Powers

Rahul Sagar

From: The Oxford Handbook of the Indian Constitution

Edited By: Sujit Choudhry, Madhav Khosla, Pratap Bhanu Mehta

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 12 April 2024

This chapter examines constitutional provisions regarding emergency powers in India. It begins with an overview of the emergency provisions enumerated in Part XVIII of the Indian Constitution, with particular emphasis on three types of extraordinary situations. It then considers a curious feature of Part XVIII, the inclusion of Articles 356 and 360, which address failures of constitutional machinery in the States as well as threats to financial stability and credit. It also explores how Articles 352 and 356 have been interpreted over time, focusing on the extent of the executive power once an emergency has been proclaimed and whether the presidential proclamation is subject to judicial review. The chapter concludes by suggesting that the safeguards found in Part XVIII of the Indian Constitution may not be as resilient as they seem.

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