Implications of Emergency on Fundamental Rights: Position Before and After the Constitution 38th, 42nd and 44th Amendments

The life of a nation is defined by times of peace and times of distress, constitutions are enacted to provide framework of governance for the administration of the state for all times. The defining features of democratic form of government which ensure fair representation and just redressal of grievances are critiqued for being sluggish when facing major adversities. Most Democratic constitutions of the world concede this fact and contain separate set of administrative norms for these emergencies, wherein they try to tread on the thin line of relinquishing requisite space for the executive to take swift decisions while diluting the accountability mechanisms and yet preserving basic rights of the citizens even in challenging circumstances. The framers of the Indian constitution tried to achieve this balance but the eventual exigencies enabled the contemporary regimes to almost upend the balance by tilting the scales firmly in the favour of the all-encompassing state. This essay aims to trace the impact of the constitutional amendments made during the proclamations of emergency on the operation of the part III of the constitution and how the document proved its resilience amidst the incessant onslaught on liberty.