Author: Isha Priya, Student at School of Law, KIIT University, Bhubaneshwar
ABSTRACT
Three categories of emergencies are listed in the Constitution: national, constitutional, and financial. In India, a state of emergency is a period of government that the president may declare in particular emergencies. The President may disobey a number of articles of the Indian Constitution, which protects citizens’ Fundamental Rights, on the advice of the cabinet of ministers. In accordance with Article 359, the President of India may suspend Fundamental Rights during a crisis. The six rights granted under the freedom clause are immediately suspended. Contrarily, the original Constitution forbade suspension of the right to life and the right to personal liberty. There is a legal precedent for fundamental rights. A person may appeal to the Supreme Court for the implementation of these rights under Article 32 of the Constitution. This essay aims to analyse the scope and content of these laws in light of how they operate in times of emergency and to determine how they affect constitutional democracy and individual liberty.
