Explain the framework of Emergency Provisions under the Indian Constitution.

Emergency Provisions are laid down under Part XVIII of the Constitution. They are modeled on the powers laid under Government of India Act 1935.

National Emergency is declared under Article 352 of the constitution when security of State is threatened on account of -

1. war;

2. external aggression;

3. Armed rebellion [44th Constitutional Amendment Act superseded 'internal disturbance'].

By Presidential proclamation is made on the written advise of Union Cabinet (44th Amendment)

It laid before the Parliament & approved within 1 month.

It may continue for 6 months at a time, subject to renewal by Parliament for continued existence.

Consequences of National Emergency:

1. suspension of fundamental rights - Article 19 automatically suspended. Others (except 20, 21) can be suspended via Article 359.

2. curtails federalism - turns nation into unitary system with centre's control over state legislatures.

3. LoK Sabha & State legislative Assemblies can be extended for one year at a time

4. limited judicial review (Article 358)

5. liberal use of preventive detention & military deployment.

Vast imposition:

National Emergency was last imposed in 1975 & extended till 1977. It was declared on the grounds of 'internal disturbance'.

While a powerful tool to face crisis situation, abuse of power ( particularly in 1975) prompted disgruntled (44th Amendment) to prevent indiscriminate suspension of civil liberties.

Lack of Binding framework limits citizen engagement -

1. 2014 policy is non binding unless makes it ineffective. PRS data shows more than 3/4th laws introduced in 14th LoK Sabha without pre-consultation.

2. Excludes vulnerable voices - leaves the marginalies, tribals, women, weaker sections unheard. This could potentially lead to judicial challenges.

3. Lack of consultation violates social contract administered public trust because of opacity in proceedings.

4. Toleristic consultations posture made, are dove for sake of formality & limit feedback & constructive criticism.

Measures to ensure public consultation:

1. Giving the policy a legal sanity by codifying it into a statute.

2. Enhancing ease of participation for citizens in consultations via use of apps State as MyGov.

3. Making it mandatory to include a feedback support along with draft of Act in Parliament.

4. Independent Ombudm Authority, with help from civil society organisations.

5. Learning from global best practices eg. UK's petitions portal.

6. Ensuring use of local languages for wider engagement beyond tokenism. use of Bhashini can help here.

To ensure India remains 'a thriving democracy worthy of the title 'Mother of democracy'; public participation in law making must be ensued in a rights based approach.

15th Finance Commission (2021-26) was set up under N.K Singh to make recommendations for federal tax distribution in line with Article 280 of the Indian Constitution.

Establish better fiscal health for States:

1. Vertical & horizontal devolution - recommends 41:7 vertical devolution.

2. Performance based incentives - grants linked to power sector reforms, ease of doing business etc.

3. Post devolution revenue deficit grants - ~₹2.9 lakh crore to 17 states to ensure minimum fiscal support.

4. Local body grants - allocation of ₹2.36 lakh crore.

5. Disaster such management reforms - recommended setting up of Mitigation funds in addition to response funds.

Limitations / Conundrums:

Finance commissions are the cornerstone of fiscal federalism. Going ahead mid-term review mechanisms could help predictability, transparency & adaptability in evolving fiscal federalism.