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Published Paper Details:
Emergency Provisions And The Interplay Of Centre State Relations Under The Indian Constitution.
Authors
Binitha Ajith
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Keywords
Emergency , federalism , misuse of power , safeguards , judicial review
Abstract
Even though Indian constitution features for a federal government, due to the changes that happened over decades to various provisions in the constitution, there posed some danger to this definition and is disrupting its functioning. This paper mainly deals with emergency provisions enshrined in the Indian constitution .It looks into the impact of emergency provision on the federal structure of the government and its effect on the state autonomy. The centralizing tendency of the emergency provisions of the Indian constitution is mainly being looked into by this paper and it goes through the constitutional foundation that is established by the makers of the constitution that provided the government with some extraordinary power in order to deal with the situations arising during the time of any crisis. Moreover, it also looks into the potential threats posed by this emergency provisions and the misuse of these provisions by the executive and its effect on the national integrity, individual liberty and balance of the power between the centre and state. The paper also delves into the new safeguards to prevent the misuse of the provision relating to emergency has been brought under the constitution by the 44th amendment of the Indian Constitution. It discusses the situation prior to 44th amendment and also the current situation which ensures the prevention of misuse. Through this paper, it identifies the instances of misuse of the emergency provisions and also the instances where these power has been exercised for the political advantage instead of looking into the and addressing the danger posed to the nation. This paper also explores into various judicial pronouncements and the judicial perspective towards this matter. It also looks into the justiciability of the proclamation of emergency by the president that whether the order passed by the president by declaring emergency can be subjected to judicial review of the court. This paper also realizes the essentiality of the checks and balances system so that there will be no abuse of these powers.
IJCRT's Publication Details
Unique Identification Number - IJCRT2402302
Paper ID - 251151
Author type - Indian Author
Page Number(s) - c578-c585
Pubished in - Volume 12 | Issue 2 | February 2024
DOI (Digital Object Identifier) -
No Of Downloads - 48
Author Country - India, 689122, Alappuzha, Alappuzha, 689122, Other area not in list
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Binitha Ajith, "Emergency Provisions And The Interplay Of Centre State Relations Under The Indian Constitution.", International Journal of Creative Research Thoughts (IJCRT), ISSN:2320-2882, Volume.12, Issue 2, pp.c578-c585, February 2024, Available at :http://www.ijcrt.org/papers/IJCRT2402302.pdf
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ISSN: 2320-2882 Impact Factor: 7.97 and ISSN APPROVED Journal Starting Year (ESTD) : 2013
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