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Emergency in Indian constitution

By: Material type: TextTextPublication details: New Delhi; Cosmo; 1990Description: 295 pSubject(s): DDC classification:
  • 342.04 NAK
Summary: Whenever the natural instinct of self pre servation of individual or a society is en dangered by some sort of threat, there is always and immediate reaction to guard against it and in this process the indivi dual or the society assumes measures which are uncommon and extraordinarp. The political systems all over the world provided for effective equipment with such abnormal phenoema which came to be designated as emergencies. There is hardly any constitutional systems which doee not provide for some kind of emer gency power structure with adequate safeguards. The constitution of India is is no exception. The theme is obviously of extraordinary nature and importance as emergency power is both salutary and pernicious. If used properly it is restorative in nature and abused, it is harbinger of autocracy or constitutional dictatorship. This book, the first of its kind, studies the theme in details. The book is divided in eight chapter. The first chapter attempts to trace the evolu tion of the concept of emergency and the inclusion of emergency provision in the constitutions of the various countries. Chapter two is devoted to a critical analy sis of the deliberations of the Constituent Asaembly of India and its various commi tties on the drafting of the emergency provision. The effect of the proclamation. of national emergency in the area of Union State relation alongwith changes through constitutional amendements and constitu tional position in several countries have been highlighted in the third Chapter. Chapter IV gives a similar treatment to the fundamental rights.
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Books Books Gandhi Smriti Library 342.04 NAK (Browse shelf(Opens below)) Available 48596
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Whenever the natural instinct of self pre servation of individual or a society is en dangered by some sort of threat, there is always and immediate reaction to guard against it and in this process the indivi dual or the society assumes measures which are uncommon and extraordinarp. The political systems all over the world provided for effective equipment with such abnormal phenoema which came to be designated as emergencies. There is hardly any constitutional systems which doee not provide for some kind of emer gency power structure with adequate safeguards. The constitution of India is is no exception.

The theme is obviously of extraordinary nature and importance as emergency power is both salutary and pernicious. If used properly it is restorative in nature and abused, it is harbinger of autocracy or constitutional dictatorship. This book, the first of its kind, studies the theme in details.

The book is divided in eight chapter. The first chapter attempts to trace the evolu tion of the concept of emergency and the inclusion of emergency provision in the constitutions of the various countries. Chapter two is devoted to a critical analy sis of the deliberations of the Constituent Asaembly of India and its various commi tties on the drafting of the emergency provision. The effect of the proclamation. of national emergency in the area of Union State relation alongwith changes through constitutional amendements and constitu tional position in several countries have been highlighted in the third Chapter. Chapter IV gives a similar treatment to the fundamental rights.

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