#article20 #article21 #article352 #article356 #article360 #42ndamendment #44thamendment #rajnaraiancase #emergency #effectofemergency #nationalemergency #stateemergency #presidentrule #financialemergency #constitutionofindia #constitution #worldoflaw #blackday #emergencyprovision #lockdown
Article 20 Article 21 Article 352 Article 356 Article 360
The term emergency may be defined as “circumstances arising suddenly that calls for immediate action by the public authorities under the powers especially granted to them”. Dr. B.R Ambedkar claimed that the Indian Federation was unique as during the times of emergency it could convert itself into an entirely unitary system. In India, the emergency provisions are such that the constitution itself enables the federal government acquire the strength of unitary government whenever the situation demands. During such urgent needs all the pacific methods should be exhausted and emergency should also be the last weapon to use as it affects India’s federal feature of government.
Part 18 of the Indian Constitution covers the Emergency Provisions from Article 352 to Article 360.
Article 352 talks about National Emergency or Proclamation of Emergency.
Article 356 talks about State Emergency (President Rule in state)
Article 360 talks about Financial Emergency
Fundamental Rights and Emergency - Article 358 and Article 359 of the Indian Constitution
38th, 39th, 41, 42nd, 44th Amendment during emergency.
42nd Amendment Act 1976 : This is the most controversial amendment in Indian Constitutional history. 42nd Amendment is very important as it did major changes in the federal structure of the Indian Constitution - it is also known as "Mini-Constitution".
44th Amendment Act 1978 - which was mainly introduced to do away with the changes of the 42nd Amendment. Both 42nd and 44th amendment are very important topics of proclamation of national emergency.
3 times emergency imposed-
1) 1962, china war
2) 1971, Pakistan war,
3) 1975, internal disturbance. (BLACK DAY OF INDIAN CONSTITUTION)
CASE : Indira Nehru Gandhi vs Raj Narain (1975)
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Some of my Constitution Videos link
1. In re beruberi Case [ Ссылка ]
2. Article 13 of Indian Constitution: Doctrine of Eclipse | Doctrine of Severability - [ Ссылка ]
3. Kesavananda Bharati vs. State of Kerala - [ Ссылка ]
4. Effects of Emergency - [ Ссылка ]
5. Writs under Constitution of India - [ Ссылка ]
Some of my IPC Videos links
1. Difference between Lockdown, Curfew & Section 144 - [ Ссылка ]
2. Section 376 Rape Explanation - [ Ссылка ]
3. Section 304B IPC | Dowry Death - [ Ссылка ]
4. Section (धारा) 498A IPC | क्रूरता Cruelty - [ Ссылка ]
5. Section 312 to 318 IPC - [ Ссылка ]
