Author(s): Lumina L

Abstract: Emergency powers refers to an extraordinary circumstance because of which the state machinery is not able to be carried on accordance with ordinary constitutional setup. In such a circumstances, we adopt an altered constitutional setup where the normal functioning of the government and distribution of powers between Union Government and State Government undergo significant changes. Most of the times when emergency is declared, the individual’s rights are curtailed and most of the powers are vested on the union government. This is mainly done to give some extraordinary power to Government to take measures to come out of the crisis and to ensure integrity and stability of the nation. However, the concept of emergency in Indian Constitution has always been much contentious. Especially, state emergency under Article 356 which empowers the Union Government to exercise control over the state government when there is a breakdown of constitutional machinery has been widely criticized because of its tendency to be easily misused. While Article 356 was originally created to use it as last resort to restore constitutional order, it has historically been a source of political controversy, raising concerns about how it should be invoked, how long it should last, and how it affects federalism and democracy. Federalism and the power granted to the union government by Article 356 interact in a complex way, which highlights the necessity for a thorough and critical analysis of its application, extent, and implications. This study aims to clarify the complex nature of Article 356’s emergency powers by examining its historical development, legal foundation, and political and constitutional implications. This paper tries to offer a fair and informative analysis of a provision that has important consequences for the Indian federal structure, democratic ideals, and the rule of law by looking at landmark cases, various recommendations by law commissions and actual instances of its invocation. This study aims to provide a clearer comprehension of the delicate balance between centralized power and state autonomy through a comprehensive analysis of Article 356. This research article hopes to contribute to the ongoing discourse surrounding the applicability, effectiveness, and constraints of the Article 356 emergency powers in the changing context of Indian governance.

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