Position of Fundamental Rights in Emergency

  • Aastik Kumar
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  • Aastik Kumar

    LLM student at Chanakya National Law University, Patna, India

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There are three types of emergencies stipulated in the Indian constitution and are applied at three different levels- the national level, state level and financial emergency. During a period of crisis, the president of India can announce a state of emergency. It refers to a period of governance under which the fundamental rights guaranteed by the constitution can be overruled by the president on being recommended by the cabinet of ministers. The provisions of Article 359 allow the President of India to suspend the Fundamental rights. Different kinds of freedom guaranteed by the constitution are suspended during the state of emergency however, the right to personal liberty is not suspended. These rights are the means of obtaining justice for the ordinary citizen and can be enforced by the supreme court when approached under Article 32 of the Indian Constitution. This paper tries to assess the subject and scope of those provisions when an emergency is in operation and to evaluate their effect on the democratic republic and personal liberty.


Research Paper


International Journal of Law Management and Humanities, Volume 4, Issue 4, Page 119 - 125

DOI: https://doij.org/10.10000/IJLMH.111327

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