A COMPARATIVE STUDY ON NATIONAL EMERGENCY POWERS
BETWEEN INDIA AND UNITED STATES OF AMERCIA.
ASSIGNMENT SUBMISSION IN REQUIREMENT FOR THE POST
GRADUATE DEGREE OF LAW (LLM)
THE TAMIL NADU DR. AMBEDKAR LAW UNIVERSITY, CHENNAI
&
THE CENTRAL LAW COLLEGE, SALEM
Submitted by
SINDHIYA B
Submitted to
Mr. [Link], B.E.,M.A.,M.S.W.,[Link].,LL.M.,
Assistant Professor of Law
The Central Law College – Salem
2023-2025
ASSIGNMENT
01. NAME : SINDHIYA B
02. REG No :
03. YEAR & COURSE : I YEAR LLM
04. BRANCH : CONSTITUTIONAL LAW & HUMAN RIGHTS
05. SEMESTER : II SEMESTER
06. SUBJECT : COMPARATIVE CONSTITUTIONAL LAW
07. SUB CODE : PHU
08. COLLEGE : THE CENTRAL LAW COLLEGE, SALEM
09. TOPIC : A COMPARATIVE STUDY ON NATIONAL
EMERGENCY POWERS BETWEEN INDIA AND
UNITED STATES OF AMERCIA.
10. SUBMITTED ON :
STUDENT FACULTY
SIGNATURE SIGNATURE
TABLE OF CONTENTS
INTRODUCTION:..........................................................................................................................................1
HISTORICAL BACKGROUND OF EMERGENCY IN INDIA:...............................................................................2
TYPES OF EMERGENCIES IN INDIA:..............................................................................................................4
NATIONAL EMERGENCY:..........................................................................................................................4
STATE EMERGENCY:.................................................................................................................................4
FINANCIAL EMERGENCY:.........................................................................................................................4
PROCEDURE TO DECLARE THE NATIONAL EMERGENCY IN INDIA:..............................................................4
PROCEDURE TO REVOKE THE NATIONAL EMERGENCY IN INDIA:................................................................5
EFFECTS OF NATIONAL EMERGENCY :.........................................................................................................5
USE AND MISUSE OF THE EMERGENCY PROVISION IN INDIA:.....................................................................5
IMPORTANT AMEMNDMENTS IN INDIAN CONSTITUTION:.........................................................................6
CHANGES MADE BY 44TH AMENDMENT IN 1978:......................................................................................7
HISTORICAL BACKGROUND OF EMERGENCY IN USA:..................................................................................7
NATIONAL EMERGENCIES ACT IN USA:........................................................................................................9
CONSTITUTIONAL PROVISIONS RELATING TO EMERGENCY IN USA:...........................................................9
COMPARATIVE ANALYSIS OF THE EMERGENCY PROVISIONS OF THE U.S. AND INDIA:.............................10
CONCLUSION.............................................................................................................................................12
CASE LAWS REFERED:
1. Raj Narain Vs State of Uttar Pradesh.
2. A.D.M Jabalpur Vs Shivakant Shukla
3. Youngstown Sheet & Tube Co. Vs Sawyer
4. Hirabayashi Vs U.S.,
INTRODUCTION:
In a nutshell, an emergency is the partial or complete suspension of a State's regular legal
system, aided by increasing government power and consequently restricting individual rights and
transferring authority between government branches. This leads to the blurring of distinctions
between the political branches, granting the Executive powers over legislation and judiciary. It is
commonly acknowledged that nations are currently confronted with many critical (and partially
novel) threats and crises, including pandemics, attacks of terrorism and large-scale immigration.
Since few of these threats are comparatively newer, several states are ill-equipped or have no
idea of handling such complex and unexpected situations. As a result, in such circumstances, the
instinct to use emergency powers that is, to award the government exceptional powers outside its
regular constitutional duty has become natural.
Emergency provisions are used to ensure that a state can continue to exist and fulfil its legal
commitments in the future. However, declaring a state of emergency has a price. Emergency
powers have often imposed restraints on individual human rights in the past, and although
designed to ensure the state's existence, such broad executive powers have threatened
democracy's survival.
It might be interesting to note that the term "emergency" does not appear in the U. S
Constitution, nor does any other similar phrase or terms. Nevertheless, the founding fathers had
undoubtedly contemplated how to handle “emergencies” and had crafted a constitution that
would enable the government to do so efficiently.
This is evident in two ways:
(1) delegation of power over specific duties explicitly related to emergencies, and
(2) express exclusions to general rules based on the occurrence of such emergencies.
The U.S National Emergencies Act 1976 is the guiding legislation that provides for the
President's emergency powers and states how any existing national emergencies may be
terminated.
In India, the constitution's emergency provisions require the central government to adopt the
powers of a unitary government if the crisis necessitates it. The President may declare a state of
emergency once the Upper and Lower Houses of the Parliament have passed the emergency
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resolution. During one of the Constituent Assembly debates, Dr. B.R. Ambedkar claimed that the
Indian Federation was unusual and could transform itself into a unified structure at times of need.
He also stressed that all peaceful ways should be explored in such dire situations, and emergency
should be the final resort because it would otherwise threaten India's federal structure.1
HISTORICAL BACKGROUND OF EMERGENCY IN INDIA:
In India, National Emergency has been declared three times to date. During the Indo-
China War in October 1962, the First Emergency was declared and was in effect until January
1968. President Shri. Sarvepalli Radhakrishnan enforced the emergency due to the Chinese
invasion in Arunachal Pradesh, with external aggression serving as the justification. During the
Indo-Pak conflict in 1971, the Second Emergency was declared and it lasted until 1977.
President Mr. V.V. Giri declared the Emergency due to the war in Bangladesh and the reason for
claiming it was external aggression.
The Third Emergency was introduced in 1975 when the Second Emergency was still in effect.
The Third Emergency was declared in response to a crisis in the central government and the
underlying reason was essentially to guard the seat of Mrs Indira Nehru Gandhi, who was the
Prime Minister of India. The Allahabad High Court held that Indira Gandhi was guilty of certain
illicit acts during her campaign for the seat of Raebareli. Indira Gandhi was against the
Allahabad High Court’s judgement which banned her from contesting elections for 6 years and
also asked her to relieve her post of the Prime Minister of India. Indira Gandhi then came up
with a shocking strategy, as part of which, President Fakhruddin Ali Ahmed was asked to
proclaim the Third National Emergency a day prior to the appeal-hearing of the Supreme Court
for the case of Raj Narain v. State of Uttar Pradesh. “Internal disturbance” was cited as
justification for proclaiming Emergency and was ratified by Parliament.
The Emergency of 1975 appears to be a dark period in the Indian Constitution's history and
Indian Democracy. The political, legal and economic situation was terrible. Military and police
officers constantly disregarded government instructions. Violence and unrest erupted as a result
of a conflict between the central government, the opposition, and the citizens.
1
Pinky Banerjee - A COMPARATIVE ANALYSIS OF THE USE OF EMERGENCY POWERS IN THE UNITED STATES OF AMERICA
(“U.S.”) AND INDIA (2021) [Link]
2
The Fundamental Rights under Article 14 and Article 21 were suspended during the Emergency,
as were all processes relating to the enforcement of these Articles. Anyone who posed a political
threat was detained as a preventive measure. Many politicians were detained under the
Maintenance of Internal Security Act of 1971 for allegedly posing a political danger to the
country. The right to freedom of press was suspended, and Indian Raj Censorship was declared,
requiring publications to seek permission from the Government before publishing. Provision of
Habeas Corpus was disregarded, thereby nullifying people' rights under Article 21 of the Indian
Constitution. The 42nd Constitutional Amendment Act of 1976 exempted the elections of the
Prime Minister, President, and Vice-President from judicial approval or review. As a result of the
relationship between the judiciary and the legislature drastically deteriorated. 2
Emergency of 1975-77 One of the most notorious and controversial incidents of invocation of
Article 352 was the emergency of 1975-77 where gross violations of human and fundamental
rights took place, elections were suspended, democratic values were violated, massive press
censorship took place and dissidents and critics of the Government were detained under
preventive detention. A state of emergency was declared by then President Fakhruddin Ali
Ahmed on the advice of the then Prime Minister Indira Gandhi, thus giving her wide
discretionary power to do whatever she wanted and to keep herself in power. The emergency was
declared on the ground of “internal disturbance” and the reasons thereof were given by the
Government on a white paper on 21st July, 1975. The emergency which became effective on
25th June 1975 lasted for almost two years and finally came to an end on 21st March [Link]
move of the Government and Indira Gandhi was highly criticized by the general public at that
time. The people didn’t see any genuine reason for the invocation of an emergency. The result
was that when finally elections were held in 1977 for Lok Sabha after the emergency had ceased,
Congress lost and the Janata Party came to power. Another consequence of the emergency of
1975-77 was the amendment made to Article 352 because of the 44th Amendment. The main aim
was to introduce certain restrictions on governmental power and to provide safeguards to the
citizens against abuse of power.
2
Pinky Banerjee - A COMPARATIVE ANALYSIS OF THE USE OF EMERGENCY POWERS IN THE UNITED STATES OF AMERICA
(“U.S.”) AND INDIA (2021) [Link]
3
PROCLAMATION OF EMERGENCY IN INDIA:
Under Article 352 (1) if the president is satisfied that a grave emergency exists whereby the
security of India or any part thereof is threatened, whether by war, or external aggression, or
armed rebellion, he may by proclamation, make a declaration to that effect. Such a proclamation
may be made in respect of the whole of India, or such part of the Indian territory as may be
specified in the proclamation. A proclamation of emergency under Article 352(1) may be made
before the actual occurrence of war, external aggression or armed rebellion. A proclamation
issued under Article 352(1) may be varied or revoked by a subsequent proclamation [Article
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352(2)].
TYPES OF EMERGENCIES IN INDIA:
NATIONAL EMERGENCY: The proclamation of emergency is depend on the security of
India. when the security of India is threatened by war or external aggression or armed rebellion
the emergency is proclaimed. According to article 352 of the Indian constitution the president
can proclaim emergency after the advice and discussion with council ministers. The nation
emergency in India has been declared three times, for the first time during indo-china war from
26th october 1962 to 10th January 1968. For the second time during India Pakistan war from 3rd
December 1971 and lasted till 21st march 1977 as an external aggression. For the third time
national emergency is declared by the Indira Gandhi on 25th June 1975 as an internal aggression.
STATE EMERGENCY: The type of emergency is declared when the state fails in its
constitutional machinery. The article 356 of the constitution defines the state emergency. The
governor of the state sends the report to the president when he satisfies that the constitutional
machinery of the state fails and then the president consults with the council of ministers and
proclaims the emergency. The state legislature is suspended after the proclamation of the state
emergency. The state emergency in India was first time declared in Punjab. Chhattisgarh and
Telangana were two states where emergency had never declared.
3
7TH edition, MP JAIN, INDIAN CONSTITUTIONAL LAW 700-701 (Lexis Nexis, 2014)
4
FINANCIAL EMERGENCY: The proclamation of emergency is declared when the financial
stability and credit worthiness of the country is threatened. In the type of emergencies the
government can also cut the salaries and allowances including the judges of the supreme court
and high courts. This type of emergency had never evoked in India. The financial emergency is
defined in article 360 of the constitution.
PROCEDURE TO DECLARE THE NATIONAL EMERGENCY IN INDIA:
1. Earlier the proclamation continues for two months without parliamentary approval. The period
deducted from 2 months to 1 month after 44th amendment act 1978.
2. Under the old provision the resolution of approval is passed by the simple majority of each
house, but accordingly to new provision under 44th amendment act 1978, such resolution must
have the approval 2/3rd of the members of that house present and voting.
PROCEDURE TO REVOKE THE NATIONAL EMERGENCY IN INDIA:
1. The president can revoke the declaration of emergency at any time by a proclamation without
the need of parliamentary approval.
2. The president can revoke the declaration of emergency when he satisfies that the threat has
passed.
3. If the Lok Sabha disapproves the continuation of emergency then the president can revoke the
emergency.
4. Before the 44th amendment act the Lok Sabha has no powers to disapprove the emergency
and the proclamation of emergency can remove at any time.
5. The another provision of the 44th amendment act explains that if the one tenth member of the
Lok Sabha give a written notice to the speaker then also it will lead to the discontinuation of the
emergency.
EFFECTS OF NATIONAL EMERGENCY :
1. At the time of national emergency the power of the executive of center extends to directing
any state in the way in which the power is to be exercised.
2. The laws related to state list are made by the parliament on any subject if needed.
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3. The tenure for the period of one year of time can be extended by the Lok Sabha. But same
cannot be extended if the proclamation ceases to operate. In the same manner the tenure of state
assemblies can also be extended.
4. The president is empowered to modify the provision of the distribution of revenues.
5. National emergency lead to suspension of the six freedom rights automatically according to
article 358 and the suspension continues till the end of the emergency period. But according to
44th amendment fundamental rights are suspended only on the basis of the armed rebellion.
Except 20 and 21 article all other articles can be suspended.
USE AND MISUSE OF THE EMERGENCY PROVISION IN INDIA:
The existing provisions for the emergencies like armed rebellion, war or external aggressions are
sufficient. But there are certain flaws for which there is need for amendment.
Firstly, the suspension of the fundamental rights and moreover the suspension of article 226 of
the constitution, we all know that when there is violation of any fundamental right we move to
high court under article 226 but at the same time if these were suspended then where do common
people go? The condition takes place in famous case A.D.M Jabalpur vs Shivakant Shukla where
the president under article 359(1) issue the orders to suspend the article 14,19,20 and 21 of the
Indian constitution. And according to the maintenance of internal security act 1971 hundreds of
people were arrested and detained all over the world.
Secondly, the overlapping the national emergency on state emergency. In India only two states
named Chhattisgarh and Telangana are the states where state emergency has never invoked, rest
all over 27 states are being covered after the 44th amendment act 1978 the things changed
drastically. It has been 43 years since the national emergency has been declared and the scope of
the national emergency has narrowed down to the level that it is almost impossible to declare the
national emergency. Last time the national emergency has declared in 1975 by Indira Gandhi the
prime minister of India for a period of 21 months, due to internal disturbances. Due to
emergency the fundamental rights are violated and people suffered at large. Press and media
suffered the most, the publication are done only after the permission by the government. Great
leaders who protested against the declaration of emergency were put behind bars without any
reason. The emergency were declared for the benefit of the nation but it has turned in to worst
6
nightmare for every individual. In 1975 the power, government was in wrong hand due to which
things went wrong. 4
IMPORTANT AMEMNDMENTS IN INDIAN CONSTITUTION:
38th Constitutional Amendment Act 1975: It empowered President to proclaim national
emergency on different grounds even though an emergency is already under operation
42nd Constitutional Amendment Act 1976: It empowered President to modify or vary
national emergency. Under the original Constitution, only the imposition or revocations were
possible. Under the original Constitution, President could have imposed national emergency
only over complete territory of India. This amendment enabled him over a part of the country.
44th Constitutional Amendment 1978: It was enacted to prevent the misuse of emergency
power by the executive. 5
CHANGES MADE BY 44TH AMENDMENT IN 1978:
1. The term “Armed rebellion” was replaced for “Internal disturbances” under article 352 of the
constitution.
2. The proclamation should be communicated by the cabinet ministers and is to be in writing for
the declaration of the emergency under leadership of the prime minister.
3. Both the houses of the parliament must be there during the proclamation of emergency within
one month of time.
4. The houses must re-approve the emergency within 6 months for its continuation.
5. For the revocation of the emergency the simple majority pass resolution and voting.
6. In case of armed rebellion article 19 will not be suspended, after amendment it was declared
that article 19 will only be suspended only at the time of wars or external aggression.
7. It is also said that article 20 and 21 will not included in the suspension of the right to move to
the courts for the violation of part III of Indian constitution.
8. The term of Lok Sabha is decreased to 5 years from 6 years. These changes in 44th
amendment 1978 were made with an aim for improvement upon the 42nd amendment 1976 and
4
Arpit Agrawal- History of national emergency in India”(2018)
[Link]
5
Adv. Abdul Jashid - A Comparative Analysis of Emergency Provisions in India, United Kingdom, United States of America, and France (2021)
7
for the improvement of national emergency too. As a result the 44th amendment 1978 has been
turned out to be the most crucial and major amendments.6
HISTORICAL BACKGROUND OF EMERGENCY IN USA:
The President of the U.S.A. has been bestowed with great powers when it comes to
emergency by the federal laws to meet any crisis, exigency, or emergency in the nation. It is
worthwhile to note that these powers are not restricted to just situations or circumstances relating
to war or the military. Some of these powers are Constitutional or statutory and are always
accessible to the President, while certain other powers are “statutory delegations” of the congress
and remain silent and latent till the time a national emergency has been declared by the
President. Some of these powers empower the President to seize properties and commodities,
control production, impose martial law, consign military forces outside the country, control
travel laws, transport, and communication among other things. These powers were used by the
Presidents at their discretion until World War I. After World War I, there was the availability of
a great number of standby emergency powers in the hands of the then Presidents. These powers
would become active when a national emergency was proclaimed on any condition thereof,
sometimes confining the subject of emergency to a specific field of policy, and sometimes no
restrictions were placed on the pronouncement by such proclamations. There was very little
restriction on the discretionary powers of the Chief Executives as far as emergency provisions
were concerned.
In Youngstown Sheet & Tube Co.v. Sawyer, although the Supreme Court limited what a
President could do in emergencies but did not limit the power of the President to declare an
emergency at his discretion. Therefore, to impose certain checks and balances on the President
concerning his exercise of emergency powers the National Emergencies Act was passed in
[Link] discussing the history of emergency in the U.S., it is also important to discuss the
U.S. reaction to the 9/11 terrorist attack and the consequences emanating from it. A state of
emergency was declared by the then-President George W. Bush at that time and a joint
declaration was issued by the Congress which authorized the President to use all "necessary and
6
Sneha Mahawar - Emergency provisions in India – a critical analysis (2021)
[Link]
8
appropriate force against those nations, organizations, or persons he determines planned,
authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001.”
Following this various other enactments and policy decisions were introduced, key among them
being the Patriots Act which Congress passed and was subsequently signed by President George
W. Bush on 26th October, 2011 as an immediate reaction against the 9/11 attacks. The Act the
concerned authorities to wiretap and to use surveillance to deal with activities that may be related
to terrorism. It also permitted the Federal agents to acquire bank and business records and details
of certain suspects after attaining the permission to do so by the Federal Court. The Act made it
harder for immigrants to enter the [Link] border security was tightened. Although many were in
support of the Act, many people were against it because it violated their privacy and led to
unnecessary harassment of innocent immigrants. Thus, whether or not the Patriot Act was
successful ineffectively dealing with terrorism might be a subjective issue, however, it still can’t
be denied that since the Act came into force, the authorities and intelligence agencies have been
successful in thwarting fifty attempted terrorist attacks.
NATIONAL EMERGENCIES ACT IN USA:
As already stated above, the National Emergencies Act was passed to impose certain
restrictions on the powers of the President of the U.S. to invoke an emergency. In 1973, a Special
Committee was set up to look into the subject-matter of national emergency. However, while
investigating, it was found that there were already four national emergencies in effect at that
time, the emergency of 1933 relating to the banking crisis, the Korean War emergency of 1950,
the emergency of 1970 relating to a strike by postal workers, and the 1971 emergency due to
inflation. It was found that with the proclamation of just one emergency, all other statutory
provisions related to emergency were activated. The nation was under emergency for forty-one
years. So to make sure that when an emergency was declared for a specific purpose, it also
incidentally didn’t trigger every other executive power related to emergency, the National
Emergencies Act was passed by Congress in 1976.
The President can declare a national emergency under Section 201 of the National Emergencies
Act; however, he has to communicate the proclamation of emergency to the congress and the
publication of such emergency in a Federal Register is necessary. The Act consists of five titles
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as enacted. By Title I, all the emergency powers delegated by statutes that remained on standby
and which were triggered by a proclamation of emergency were returned to a dormant state. The
second title prescribed a new procedure to declare an emergency. Moreover, a proclamation of
emergency would cease to remain active after one year if the President did not renew it.
Congress also has the power to terminate an emergency through a resolution. According to Title
III, The President activating the emergency provisions has to now specify the provisions
activated by him and the Congress has to be notified by him. Title IV lays down some provisions
relating to the President’s accountability while declaring an emergency whereas Title V deals
with repeal provisions. Since the passing of this Act, various national emergencies have been
declared by the U.S. Presidents in compliance with the provisions of this Act. Some of them
have been revoked while others are still in operation.
CONSTITUTIONAL PROVISIONS RELATING TO EMERGENCY IN
USA:
It is worthwhile to note that the term “emergency” finds no mention in the U.S.
Constitution, however, certain provisions have been included in the Constitution to deal with an
emergency or any exigency. For instance, Section 8 of Article I empower Congress to take
necessary steps concerning war and military-related issues for the following reasons:
For the declaration of war
For the maintenance of the navy, for raising and supporting an army, and for making
rules to regulate naval and land forces.
For calling the militia to ward off invasions, for the executions of union laws, and the
suppression of any kind of insurrections.
Section 2 of Article II provides that the President is the “Commander in Chief of the army and
navy, as well as of the militia when called into actual federal service.” The President is charged
under Section 3 of Article III with the duty to ensure the proper implementation and execution of
laws. Moreover, Section 4 of Article IV imposes a duty on the federal government to protect
every state from any kind of invasion or domestic violence. Even though these provisions do not
expressly provide for an emergency, it can be seen that there are implied recognition emergency
laws within these provisions that seek to safeguard the nation and the states from invasion, war,
insurrection, domestic violence, and other kinds of threats. All of the threats would generally
result in the declaration of a state of emergency in a state. However, certain safeguards have also
10
been provided to the citizens in this regard, for instance, the non-suspension of habeas corpus,
“unless when in Cases of Rebellion or Invasion the public Safety may require it. Another
safeguard that is provided to the citizens is that unless a grand jury indicts a person, that person
cannot be charged with any capital crime, "except in cases arising in the land or naval forces, or
in the Militia, when in actual service in time of war or public danger. Thirdly, a state cannot
engage in war "unless invaded, or in such imminent Danger as will not admit of delay."7
COMPARATIVE ANALYSIS OF THE EMERGENCY PROVISIONS OF
THE U.S. AND INDIA:
The U.S. and India are two different types of States, each with its own set of laws and
procedures. In their respective continents, North America and Asia, they are regarded as model
democratic governments. It is noteworthy to discuss and compare how emergency laws fit into
the democratic norms of these States.
In the U. S., Courts have the authority to judge whether an emergency direction is warranted or
not, even during emergencies like wars. In Hirabayashi v. U.S., the court supported some laws
that imposed certain restrictions on persons of Japanese heritage in the United States, such as
requiring them to stay in their homes during particular hours to avoid any acts of espionage.
Further, in Youngstown Sheet & Tube Co. v. Sawyer, the Court ruled that none of the
President’s emergency powers gave him the ability to confiscate private property without the
approval of Congress. However, in India, emergency actions and directions are not open to
courts approval as they are dependent on the central executive who declares an emergency. The
Constitution itself deals with the repercussions of such situations, and there is no reliance on the
court or its interpretation.
Furthermore, the term "emergency" is not mentioned in the U.S. Constitution, and the laws and
regulations for dealing with an emergency are supplied indirectly in Articles I, II and IV. In
India, Articles 352 to 360 of Part XVIII of the Indian Constitution expressly mentions
7
Abhishek Kumar Khaund - NATIONAL EMERGENCY: A COMPARATIVEANALYSIS OF EMERGENCY LAWS IN INDIA,U.S.A.
AND GERMANY (2021) [Link]
and-germany-3
11
emergency provisions. India has national and state emergencies, whereas the U.S. has national
and financial emergencies, the latter of which are similar to India.
Both the nations' constitutions have the ability to quickly transition from federal to unitary states
in the event of a national emergency. In a true federal state, both the centre and the states are
considered equal when it comes to the distribution of powers and functions, but in the case of a
national emergency, the centre assumes the majority of powers and functions because the centre
is usually given the responsibility to protect the country in a threat or crisis.8
CONCLUSION
According to John Locke, revolt against the state was considered to be legitimate if it
encroached on the liberties it was essentially established to preserve. Furthermore, Locke argued
that emergency declarations should not be used as a pretext for any form of oppressive action,
nor should they be used to suppress human rights activists.
It is natural that from time to time, tension and crisis shall arise. Even with protections in place,
there is still the possibility of such laws being abused. India's and U.S.' constitutions may indeed
borrow provisions from each other to enhance their respective circumstances, particularly when
it comes to national emergencies. For instance, India's judiciary may be strengthened under
emergencies, similar to the U.S, where judges are in a far better position to assess the justice
ability of emergency actions. In India by the time the Court conducts its own assessment of the
constitutionality of a particular emergency action, the storm would have already passed. It's
difficult, if not impossible, to find an example of court interference preventing emergency
responses or declarations in India. Similarly, the U.S. might consider making its emergency
provisions more precise, by the inclusion of clear measures dealing with emergencies.
8
Pinky Banerjee - A COMPARATIVE ANALYSIS OF THE USE OF EMERGENCY POWERS IN THE UNITED STATES OF AMERICA
(“U.S.”) AND INDIA (2021) [Link]
12
BIBLIOGRAPHY:
[Link] JAIN, INDIAN CONSTITUTIONAL LAW, 7th edition (LexisNexis,2014).
WEBILIOGRAPHY:
1.
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