National Emergency: A Comparative Analysis of Emergency Laws in India USA and Germany
Description
Emergency can be defined as a situation where the Government of a country either alters or suspends the normal functioning of a nation by holding in a state of abeyance the Constitution and other organs of the Government.
Different conditions can be referred to as the reasons in light of which the Government of a nation may pronounce a state of emergency, for example, civil unrest, calamity or disaster, armed rebellion or conflict, war, etc. When the emergency is proclaimed in a nation, the typical texture of its Constitution is upset, the political, financial, and social climate of that nation is changed and the privileges of the citizens are either curtailed or suspended. The power of emergency thus can be described as both a curse and a gift as it can be used to tackle sudden, unsuspecting threats, while on the other hand, it can become a tool in the hands of a Government to carry out its agendas and suppress its dissidents.
In this study, we will look at the various emergency laws and conditions of India, the U.S.A., and Germany and how each of these countries differs and are similar in the implementation of their emergency laws.
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References
- WEBSTER'S NEW COLLEGIATE DICTIONARY (Springfield, MA: G & C Merriam, 1974), p. 372 Shivam Saxena, Emergency provisions: History, type and duration in India, IPLEADERS Nov. 2020, 28 10:10 am. https://blog.ipleaders.in/emergency-provisions-history-types-duration-india/ The Constitution of India 1950 Naga People's Movement of Human Rights v. Union of India, AIR 1998 SC 431: (1998) 2 SCC 109 M.P. Jain, Indian Constitutional Law, p. 786-787 (Fifth edition, 2003, Wadhwa and Company Nagpur) Ibid. Bhut Nath v. State of West Bengal, AIR 1974 SC 806: (1974) 1 SCC 645 Shylashri Shankar, The State of Emergency in India: Bockenforde's Model in a Sub-National Context, 19 German L.J. 197 (2018) Indian Constitution 1950 Art. 250 India Constitution 1950 Art. 251 IndiConstitution 1950 Art. 250. Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579 (1952) Patrick A. Thronson, Toward Comprehensive Reform of America's Emergency Law Regime, 46 Michigan L.J. 737 (2013) William B. Fisch, Emergency In The Constitutional Law Of United States, 38 Am. J. Comp. L. Supp. 389(1990) U.S. Constitution, Art. I § 9, cl. 2 U.S. Constitution Amend. V, cl 1 U.S. Constitution Article I § 10, para. 3. Anna Khakee, Securing Democracy? A Comparative Analysis Of Emergency Powers In Europe, ( Geneva Centre for the democratic control of armed forces, 2009) Germany Constitution, Art.115a-115l Germany Constitution Art. 91 Germany Constitution Art. 80a Germany Constitution Part Xa Hirabayashi v. United States, 320 U.S. 81 (1943) M.P. Jain, Indian Constitutional Law, p. 791- 792 (Fifth edition, 2003, Wadhwa and Company Nagpur) Ibid. A.K. Gopalan v. State of Madras, A.I.R 1950 SC 27: 1950 SCR 88 : 1950 SCJ 174 Minnerva Mills v.Union of India, A.I.R 1980 SC 1789: 1981 SCR (1) 206: 2 SCC 591