A Comparative Analysis of Emergency Provision...

A Comparative Analysis of Emergency Provisions in India, United Kingdom, United States of America, and France

Author Name : Adv. Abdul Jashid

INTRODUCTION

Most of the world’s  democratic Constitutions include emergency provisions that allow the Executive, in times of urgent necessity, to take actions necessary to safeguard national security, maintain law and order, protect citizens’ lives and property, to keep essential public services working, concentrate relief resources and direct them to the areas of greatest need, and in general to restore normality. These emergency provisions permit the Executive to limit or suspend certain (although usually not all) Constitutional rights, to set aside some institutional checks and balances so as to concentrate decision-making power in the central executive, and even to suspend/delay elections.

In this study, a comparison between the emergency provisions in India, United Kingdom, United States of America, and France is done to analyze the effectiveness of these provisions for tackling crisis situations.