APPROACH

INTRODUCTION: With the role of emergency provisions under Constitution with related Articles enshrined in the constitution
BODY:
- VARIOUS EMERGENCY PROVISIONS UNDER CONSTITUTION:
- Mention about the various Articles related to Emergency Provisions given in the constitution such as: Article 352, Article 356, Article 360 and their importance
- CHECKS & BALANCES TO ENSURE ACCOUNTABILITY:
- Explain about various checks and balances given in the constitution such as: Limited duration of the provisions, Judicial Review, Role of states under Federal structure, Fundamental Rights as an exception
CONCLUSION: Highlight the importance of Checks and Balances and how it ensures accountability & prevents Authoritarianism.

Ans. Emergency Provisions under the Constitution of India are special measures that can be taken during times of national crisis. These provisions are outlined in Articles 352, 356, and 360 of the Constitution.

VARIOUS EMERGENCY PROVISIONS UNDER CONSTITUTION:

Article 352 (National Emergency): This provision deals with a national emergency that can be declared when there is a threat to the security of India, either from external aggression or armed rebellion. The President can proclaim a national emergency upon the written advice of the Cabinet.
Article 356 (President's Rule): This provision deals with the imposition of President's Rule in a state if the state machinery fails to function according to the Constitution. In such cases, the President can assume the functions of the state government.
Article 360 (Financial Emergency): This provision deals with a financial emergency that can be declared when the financial stability or credit of India is threatened. The President can proclaim a financial emergency if he is satisfied that such a situation has arisen.

To ensure accountability and prevent misuse of these provisions, there are several checks and balances:

Limited Duration: Emergency Provisions are not perpetual. They have to be approved by Parliament every six months. If Parliament does not approve, the emergency automatically ends. This prevents the government from prolonging the emergency unnecessarily.
Judicial Review: The Supreme Court can review the proclamation of emergency. If it finds the emergency to be unconstitutional or improperly declared, it can declare it null and void.
Federal Structure: India follows a federal structure where power is divided between the central and state governments. During an emergency, the Union government's powers increase, but it cannot completely override the states. Certain powers remain with the states, ensuring a balance.
Fundamental Rights: Even during emergencies, certain fundamental rights cannot be suspended. The government cannot take away rights like the right to life and personal liberty.
Media and Civil Society: The media and civil society play a crucial role in holding the government accountable during emergencies by raising awareness about any violations of rights or misuse of power. This public scrutiny acts as a deterrent against government overreach.

CONCLUSION: These checks and balances ensure that the Union government remains accountable while exercising Emergency Provisions. It prevents authoritarianism and safeguards the democratic principles of the Constitution.

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