STATE OF EMERGENCY & HUMAN
RIGHTS
A Presentation by Ankita Soni
1.
What are Human Rights?
2.
Generations of Human Rights.
3.
Emergency Provisions
4.
Kinds of Emergency
1.
2.
3.
5.
National Emergency
State Emergency
Financial Emergency
Violation of Human Rights during emergency of 1975
 Human rights are rights inherent to all human beings, whatever
our nationality, place of residence, sex, national or ethnic
origin, colour, religion, language, or any other status. We are all
equally entitled to our human rights without discrimination.
These rights are all interrelated, interdependent and
indivisible.
1. Civil and Political
2. Cultural(Social) and
Economic
3. Collective
Development(Group Rights)
First-generation, rights deal with
liberty and participation in political
life. They are strongly individualistic
and negatively constructed to protect
the individual from the state.
Second-generation, human rights
guarantee equal conditions and
treatment. They are not rights
directly possessed by individuals
but constitute positive duties upon
the government to respect and
fulfill them.
Third-generation, rights of peoples
and groups held against their
respective states aligns with the
final tenet of “fraternity.” They
constitute a broad class of rights
that have gained acknowledgment
in international agreements and
treaties.
During an Emergency, the Central government
becomes all powerful and the states go into the
total control of the Centre. It converts the federal
structure into a unitary one without a formal
amendment of the Constitution(Unique feature
of the Indian Constitution).
The Emergency provisions are contained in Part XVIII of the
Constitution, from Articles 352 to 360. These provisions enable the
Central government to meet any abnormal situation effectively. The
rationality behind the incorporation of these provisions in the
Constitution is to safeguard the sovereignty, unity, integrity and
security of the country, the democratic political system, and the
Constitution.
1) NATIONAL EMERGENCY(352)
2) STATE EMERGENCY(356)
3) FINANCIAL EMERGENCY(360)
Grounds of Declarations
Under Article 352,the
president can declare a
national emergency when the
security of India or a part of it is
threatened by war or external
aggression or armed rebellion.
 External Emergency :- When a National Emergency is
declared on the ground of ‘war` OR ‘external aggression`, it is
known as External emergency.
 Internal Emergency :- When a national emergency is declared
on the ground of ‘armed rebellion`, it is known as an internal
emergency.
 Article 360 empowers the President to proclaim a Financial
Emergency if he is satisfied that a situation has arisen due to
which the financial stability or credit of India or any part of its is
threatened.
 38th amendment in 1975 made the satisfaction of President not
questionable in any court on any ground.
 But this provision was subsequently deleted by the 44th
amendment Act of 1978.
 The executive authority of the centre extends to directions as
the presidents may deem necessary and adequate for the
purpose .
 Any such direction may include a provision requiring
(a)the reduction of salaries and allowances of all or any class of
person serving in the state.
(b)the reservation of all money bills for the consideration of
the president after they are passed by the legislature of the
state.
 The president may issue directions for the reduction of salaries
and allowances of(a) all or any class of person serving the
Union;(b)the judge of the Supreme Court and the high court
 Articles 358 and 359describe the effects of
a National Emergency on the Fundamental
Rights.
 Article 358 deals with the suspension of
the Fundamental Rights guaranteed in
Article 19.
 Article 359 deals with the suspension of
the Fundamental Rights(except those
guaranteed by Articles 20 and 21).
Grounds of impositions
Can be proclaimed under Article 356 on two grounds
1.
Article 356 empower the President to issue a proclamation ,if he is
satisfied that a situation has arisen in which the Govt. of a state
cannot be carried on in accordance with the provisions of the
constitution.
2.
Article 365 says that whenever a state fails to comply with or to give
effect to any directions from the centre it will be law full for the
president to hold that a situation.
1.
The federal character of the constitution will be destroyed
and the Union will become all powerful.
2.
The powers of the State-both the union and the units-will
entirely be concentrated in the hands of Union executive.
3.
The President will become a dictator.
4.
The financial autonomy of the state will be nullified.
5.
Fundamental rights will become meaningless.
 This meant that the state could take any action and people had
no recourse.
 During emergency thousands of people from the opposition
were arrested and put behind bars without a trial.
 The press had absolutely no freedom to report.
 There was extreme censorship.
 Extreme measures like forced mass sterilization were
conducted.
 The state policies were implemented completely.
 It should never be forgotten that the ultimate justification for an
emergency in a democratic State is to enable it to preserve vital values
of a democratic society temporarily endangered on account of
unexpected situations of exceptional gravity. Emergency cannot be
declared for undermining the basis of democracy. The Rule of Law is
an indispensable feature of democracy. In the absence of the Rule of
Law. Lawlessness predominates, especially government lawlessness,
when there is no authority to question government’s action, no
mechanism to control it and no institution to make it accountable and
to check its excesses. However grave the emergency it should always
be remembered that there exists an inseparable bond between
legality, democratic institutions and the Rule of Law. Once that bond is
severed, all ties with decent, civilised life have been severed and
human beings become devoid of humanity.