Emergency: A Hurdle to Federalism

  • Abhishek Singh Devanda
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  • Abhishek Singh Devanda

    Research Scholar at University of Kota, India.

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FEDERALISM: it is a constitutional mechanism where there is a blend of partial self-government along with the partial shared government . R.L. Watts, define federalism as "The principle of organization whereby a compromise is achieved between concurrent demands for union and territorial diversity within a society, by the establishment of a single political system, within which general and regional governments are assigned co-ordinate authority such that neither level of government is legally or politically subordinate to the other". The federal system in India is equivocal moreover at the same time it is unequivocal from other federations (U.S.A). It is similar as the states (disseminative) derives power completely from the union, the distributed component is that there's no group of independent states coming back along to make a federation by surrendering a touch of their privileges or autonomy or sovereignty of the state. EMERGENCY: Every country faces some situations where there is a need for an immediate action to be taken; it is a kind of situation where prevailing or ordinary constitutional provisions may not work. In India at the time of emergency (Part XVIII) it provided the union all the powers (legislative along with executive) of the state to handle the situation. The framers jointly felt that at the time of emergency the Centre ought to have predominant powers to regulate and direct all aspects of administration and legislation throughout the country because of this one notable feature many academicians find it difficult to call Indian Constitution as wholly federal. Black Law's dictionary defines emergency "as a failure of the social system to deliver reasonable conditions of life". The term emergency may be defined as “circumstances arising suddenly that calls for immediate action by the public authorities under the powers especially granted to them.” The paper seeks to analyze one of the most important aspects of federalism and emergency along with its origin, legal and functional aspect and other things. The paper is a collection of case laws to analyze the above-mentioned concepts. For research, secondary sources such as e-books and articles by eminent jurists have been referred.


Research Paper


International Journal of Legal Science and Innovation, Volume 4, Issue 1, Page 70 = 82

DOI: https://doij.org/10.10000/IJLSI.111253

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