Question

Mention any two constitutional consequences of emergency.

Hint:

Remember that the 44th Amendment (1978) was enacted to prevent the misuse of emergency powers, as seen during the 1975-77 Emergency. The protection of Articles 20 and 21 is a key safeguard introduced by this amendment.

Answer 1

Step 1: Understanding the Concept:
The Constitution of India contains provisions for declaring a state of emergency (under Articles 352, 356, and 360) in response to extraordinary threats. A National Emergency (Article 352) has significant consequences on the constitutional framework, particularly on fundamental rights and the federal structure.
Step 2: Detailed Explanation:
Two major constitutional consequences of the proclamation of a National Emergency are:
1. Suspension of Fundamental Rights:
- When a National Emergency is in force, the President can issue an order suspending the right to move any court for the enforcement of specific Fundamental Rights (as per Article 359).
- However, the 44th Amendment Act of 1978 made a crucial change: the rights guaranteed under Article 20 (Protection in respect of conviction for offences) and Article 21 (Protection of life and personal liberty) cannot be suspended even during an emergency.
2. Transformation of the Federal Structure into a Unitary one:
- During an emergency, the normal distribution of powers between the Union and the States is modified. The Union government's executive power extends to giving directions to any state on any matter.
- The Parliament becomes empowered to make laws on any subject mentioned in the State List. This effectively converts the federal system of governance into a unitary system, with the central government holding supreme authority.
Step 3: Final Answer:
Two constitutional consequences of an emergency are the suspension of most Fundamental Rights and the conversion of the country's federal structure into a unitary one.