AT

ADITYA TALWARAIR 270· 2025

Question 3GS2GS2

National emergency under Article 352 is a provision which transfers the Indian polity from a federal to unitary structure to deal with crisis.

Open scan (p.11)
AnswerStrengthsGapsKeywords

Introduction

National emergency under Article 352 is a provision which transfers the Indian polity from a federal to unitary structure to deal with crisis. The Parliament of India is the temple of Democracy and the purpose of legislation is to fulfil the public aspiration. This bring in the need for pre-legislative consultation.

51 words

Main Body

Conditions to be Proclaimed:

1External war or threat
2Armed insurgency internally (44th CAA) → Removal of internal disturbance by the 44th Amendment

Consequences in force:

1The parliament has the power to legislate on state subject - Article 250
2Executive power of the union can extend to provide directions to the state for safeguarding sovereignty.
3Fundamental rights can be suspended by Article 358 → Article 19 automatically suspended

Suspended

0Article 359 → Other rights except Article 20 and 21 can be suspended by Need order of President.
4President can provide for alteration of finances of the state.
5Extension of the Parliament by 1 year.

Imposition Timeline:

1st in 1947 (Pakistan war)2nd in 1962 (Indo-China war)3rd in 1971 (Internal disturbance) Till 1975

With the completion of 50 years of the emergency, the country has upheld constitutionally without the need arising again.

Lack of Binding framework:

1Lack of social audit or public consultations.
2Over the scale of parliament is declining → Only 56 sitting in 2022 unlike 121 in 1956 1952.
3Decline of the 4th pillar institution by Pratap Sinha Mehta
4Lack of civil society collaboration by eg Recent RTI amendment and DPDP Act exemptions

Measures to Strengthen Role of Public Consultation

1Introduction of legislative impact assessment → Yorkish Naidoo
2Mandatory civil society collaboration clauses - by Deven Sham scheme model
3Legislation to be kept in public purview for 30 days - (NCRWC)
4Revival of parliamentary proceeding by Institute minimum sitting day (NCRWC)
5Consultation with pressure groups for policy by Recent RCEP lookout after discussion with delay corporative
6Institit 'Right to Recall' - Rajdhansa Public is the builder of democracy and the voice of reason. Thus. the legislature can be strengthened through public participation
303 words15 paragraphs

Conclusion

With the completion of 50 years of the emergency, the country has upheld constitutionally without the need arising again. The legislature can be strengthened through public participation

27 words

Diagram

Timeline showing three emergencies: 1st in 1947 (Pakistan war), 2nd in 1962 (Indo-China war), 3rd in 1971 (Internal disturbance) Till 1975

Answer continues on next page
  • Identifies conditions for proclamation
  • Explains consequences for federalism
  • Mentions important amendments
  • Clear structured answer
  • Comprehensive coverage of rights suspension
  • Clear timeline of emergencies
  • Mention of all relevant articles
  • Structured presentation
  • Identifies lack of consultation framework
  • Mentions declining parliamentary sittings
  • References recent amendments
  • Cites institutional analysis
  • Proposes concrete measures
  • References institutional recommendations
  • Mentions time-bound consultations
  • Emphasizes public participation

Open original scan

Page 11

Topper

ADITYA TALWAR

AIR 2702025

Subject & Paper

GS2GS2

Topic

Indian Constitution - Historical Underpinnings, Evolution, Features, Amendments, Significant Provisions and Basic Structure

Emergency Provisions

National Emergency under Article 352

Writing Stats

381

Total words

15

Paragraphs

Prescriptive and reform-oriented

Tone