Main Body
Article 359 of the Constitution empowers the President to proclaim the National Emergency on the grounds of external aggression or an armed rebellion.
Consequences of such a Proclamation
Federal Polity converted into unitary
Ex: Parliament can legislate on state subjects as well.
Union empowered to direct states on any or all matters.
Ex: Not subject to constitution provisions
Suspension of right to move courts for enforcement of Fundamental Rights.
Ex: Arrest of people during 1975 Emergency episode without recourse
All laws made during Emergency cannot be challenged for their consequences.
Dissolution of Parliament—delayed
Ex: 1 year at a time for any member of times.
Last episode of Emergency
In 1975—Proclaimed on grounds of internal disturbances.
Had to make detentions and arrests
Ex: > 2RTY detentions
Violation of procedural Justice.
Ex: Slums Demolition
While safeguards were instituted in 44th Amendment, it taught Indians to root take democracy for granted despite being "Mother of Democracy".
From about 60% of bills being sent to committees for detailed examination in the 4th and 18th Lok Sabha, the number came down to ~19%, in the 16th and 17th Lok Sabha.
Lack of Framework: Limited Citizens' Engagement
No enforceable rule for consultations
Ex: Subject to whims of the ruling government.
Ineffective measure: Limits participation
Ex: Online feedback for limited time—issues of access
Sensitive legislations are not shown to the public beforehand.
Ex: Art. 370 abrogation, 2019.
Cops against best practices globally.
Ex: Switzerland model.
Measures to strengthen Public Consultation
Mandatory publication of bills before consideration.
Ex: Time for engagement.
Decentralizing model for feedback
Ex: Local administration outreach awareness campaigns.
Referral to committees led by MPs
Ex: People's representatives who can call citizens.
Ensuring Action Taken Report on the public accommodation.
This can ensure the PMs vision of "Sabka Prayade Se Sabka Vikaas".
Article 260 of the Constitution empowers the President to constitute a Finance Commission every five years to set the guidelines for distribution of finances.
Enabled States to Improve Fiscal Conditions
Improved the sharing of resources for states.
Ex: 41, of divisible pool organized to states
Horizontal devolution criteria ensured efficiency.
Ex: Horticulture tax efforts, demographic performance.
Borrowing limit on states to limit the revenue expenditure.
Addressed the prolixity for freebies.
Incentivized fiscal reforms in states
Ex: Extra 0.5% borrowing of GSDP of engaged in power reforms.
Ensured states had more resources for devolution to Panchayate.
However, there have been complaints of:
Unfair devolution between states
Ex: TN: Every 1 rupee in tax only 20 paise back
Demand for 50% of resources from the centre for regional development.
Allegations of violating federalism
Ex: Conditions for borrowing
By ensuring smooth fiscal conditions, the 15th FC has realized "Minimum Government Maximum Governance".
Conclusion
While safeguards were instituted in 44th Amendment, it taught Indians to root take democracy for granted despite being "Mother of Democracy". This can ensure the PM's vision of "Sabka Prayade Se Sabka Vikaas". By ensuring smooth fiscal conditions, the 15th FC has realized "Minimum Government Maximum Governance".
47 words
- Clear structural explanation of Article 359
- Identifies key consequences of emergency proclamation
- Covers federal to unitary transformation
- Historical context of 1975 Emergency
- Discusses procedural violations and safeguards
- Links to constitutional amendments
- Concludes with broader democratic reflection
- Statistical evidence on declining committee scrutiny
- Identifies specific parliamentary trends
- Highlights transparency deficits
- Connects to practical implications for citizens
- Provides practical solutions for improving transparency
- References international best practices
- Connects to PM's vision and policy goals
- Comprehensive set of recommendations
- Addresses multiple stakeholder levels
- Clear articulation of Article 260 provisions
- Identifies specific improvements in fiscal federalism
- Mentions both horizontal devolution criteria
- Addresses borrowing constraints for fiscal discipline
- Balanced presentation of benefits and criticisms
- Specific state-level examples
- Identifies implementation challenges
- Connects to governance philosophy
- Addresses fairness concerns in devolution
AMRIT MAHAPATRA
Emergency Provisions
National Emergency and Its Consequences
Presidential Powers During External Aggression
492
Total words
34
Paragraphs
prescriptive and policy-oriented
Tone