CRITICISM OF THE EMERGENCY PROVISIONS

CRITICISM OF THE EMERGENCY PROVISIONS ‌

Some members of the Constituent Assembly criticised the incorporation of emergency provisions in the Constitution on the following grounds15 :

1. 'The federal character of the Constitution will be destroyed and the Union will become all powerful.

2. The powers of the State-both the Union and the units-will entirely be concentrated in the hands of the Union executive.

3. The President will become a dictator.

4. The financial autonomy of the state will be nullified.

5. Fundamental rights will become meaningless and, as a result, the democratic foundations of the Constitution will be destroyed.’

Thus, H.V. Kamath observed: 'I fear that by this single chapter we are seeking to lay the foundation of a totalitarian state, a police state, a state completely opposed to all the ideals and principles that we have held aloft during the last few decades, a State where the rights and liberties of millions of innocent men and women will be in continuous jeopardy, a State where if there be peace, it will be the peace of the grave and the void of the desert(. . .) It will be a day of shame and sorrow when the President makes use of these Powers having no parallel in any Constitution of the democratic countries of the world’16 .

K.T. Shah described them as: 'A chapter of reaction and retrogression. (. . .) I find one cannot but notice two distinct currents of thought underlying and influencing throughout the provisions of this chapter: (a) to arm the Centre with special powers against the units and (b) to arm the government against the people . . . Looking at all the provisions of this chapter particularly and scrutinising the powers that have been given in almost every article, it seems to me, the name only of liberty or democracy will remain under the Constitution’.

T.T. Krishnamachari feared that 'by means of these provisions the President and the Executive would be exercising a form of constitutional dictatorship’17 .

H.N. Kunzru opined that 'the emergency financial provisions pose a serious threat to the financial autonomy of the States.’

However, there were also protagonists of the emergency provisions in the Constituent Assembly. Thus, Sir Alladi Krishnaswami Ayyar labelled them as 'the very life-breath of the Constitution’. Mahabir Tyagi opined that they would work as a 'safety-valve’ and thereby help in the maintenance of the Constitution18 .

While defending the emergency provisions in the Constituent Assembly, Dr. B.R. Ambedkar also accepted the possibility of their misuse. He observed, 'I do not altogether deny that there is a possibility of the Articles being abused or employed for political purposes’19 .

Table 16.2 Imposition of President’s Rule (1951–2019)

Sl. States/Union No. Territories	No. of Times Imposed	Years of Imposition
I. States:
1. Andhra Pradesh	3	195420 , 1973, 2014
2. Arunachal Pradesh	2	1979, 2016
3. Assam	4	1979, 1981, 1982, 1990
4. Bihar	8	1968, 1969, 1972, 1977, 1980, 1995, 1999, 2005
5. Chhattisgarh	--	--
6. Goa	5	1966, 1979, 1990, 1999, 2005
7. Gujarat	5	1971, 1974, 1976, 1980, 1996
8. Haryana	3	1967, 1977, 1991
9. Himachal Pradesh	2	1977, 1992

10. Jharkhand	3	2009, 2010, 2013
11. Karnataka	6	1971, 1977, 1989,
		1990, 2007, 2007
12. Kerala	5	195621 , 1959,
		1964, 1970, 1979
13. Madhya Pradesh 22	3	1977, 1980, 1992
14. Maharashtra	2	1980, 2014
15. Manipur	10	1967, 1967, 1969,
		1973, 1977, 1979,
		1981, 1992, 1993,
		2001
16. Meghalaya	2	1991, 2009
17. Mizoram	3	1977, 1978, 1988
18. Nagaland	4	1975, 1988, 1992,
		2008
19. Odisha	6	1961, 1971, 1973,
		1976, 1977, 1980
20. Punjab 23	8	1951, 1966, 1968,
		1971, 1977, 1980,
		1983, 1987
21. Rajasthan	4	1967, 1977, 1980,
		1992
22. Sikkim	2	1978, 1984
23. Tamil Nadu	4	1976, 1980, 1988,
		1991
24. Telangana	--	--
25. Tripura	3	1971, 1977, 1993
26. Uttarakhand	2	2016, 2016
27. Uttar Pradesh	9	1968, 1970, 1973,
		1975, 1977, 1980,
		1992, 1995, 2002
28. West Bengal	4	1962, 1968, 1970,

1971
II. Union Territories:
1. Delhi	1	2014
2. Puducherry	6	1968, 1974, 1974, 1978, 1983, 1991
3. Jammu and Kashmir 24	1	2019

Table 16.3 Articles Related to Emergency Provisions at a Glance

Article No. Subject-matter

352. Proclamation of Emergency

353. Effect of Proclamation of Emergency

354. Application of provisions relating to distribution of revenues while a Proclamation of Emergency is in operation

355. Duty of the Union to protect states against external aggression and internal disturbance

356. Provisions in case of failure of constitutional machinery in states

357. Exercise of legislative powers under proclamation issued under Article 356

358. Suspension of provisions of Article 19 during Emergencies

359. Suspension of the enforcement of the rights conferred by Part III during Emergencies

359A. Application of this part to the state of Punjab (Repealed)

360. Provisions as to Financial Emergency

NOTES AND REFERENCES

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