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Comparing Crisis Management in Indian & US Systems: Emergency Powers & Fundamental Rights, Slides of Constitutional Law

An in-depth analysis of crisis management in the indian and us constitutional systems, focusing on emergency powers and the suspension of fundamental rights. It covers the war powers in the us constitution, pogg power in the indian constitution, and the effects of proclaiming an emergency in both countries. The document also discusses specific cases, such as makhan singh v. State of punjab and a.d.m. Japalpur v. Shukla, and their implications for civil liberties.

Typology: Slides

2012/2013

Uploaded on 01/26/2013

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Download Comparing Crisis Management in Indian & US Systems: Emergency Powers & Fundamental Rights and more Slides Constitutional Law in PDF only on Docsity! Comparative Constitutional Law Class 18 Crisis Management in the Indian Constitutional System Docsity.com Emergency Powers • War Powers in Article I and II of US Constittution • POGG power in s. 91 of the BNA Act of 1867 Docsity.com National Emergencies Proclaimed Under art. 352 • 1962: Chinese aggression – attack on India in 9/1962 • 1971: War with Pakistan • 1975: “internal disturbance” (later ground revoked by Forty-Fourth Amendmentand replaced with “armed rebellion.” Docsity.com What effects result from proclaiming an emergency? Docsity.com What effects result from proclaiming an emergency? • 1, extension of executive power to direct state executives (art. 353) • 2. Union Parliament has power to legislate on matters in state List in Sch. VII (art. 353(b) • 3. Union can alter distribution of revenue between Union and State (art. 354) Docsity.com Effects of proclamation of emergency cont’d • art. 359 Docsity.com Effects of proclamation of emergency cont’d • art. 359: empowers President to suspend the right to enforce fundamental right guaranteed by Part III of the Constitution • Some changes by the 44th Amendment Docsity.com Arts 20 and 21 now excepted • 20. Protection in respect of conviction for offences • (1) No person shall be convicted of any offence except for violation of a law in force at the time of the commission of the Act charged as an offence, nor be subjected to a penalty greater than that which might have been inflicted under the law in force at the time of the commission of the offence. • (2) No person shall be prosecuted and punished for the same offence more than once. • (3) No person accused of any offence shall be compelled to be a witness against himself. • 21. Protection of life and personal liberty • No person shall be deprived of his life or personal liberty except according to procedure established by law. Docsity.com A.D.M. Japalpur v. Shukla (“The Habeas Corpus Case” • Why did this decision cost the Supreme Court of India legitimacy and credibility? Docsity.com Post-1975 Emergency • 44th Amendment overturns Habeas Corpus case: Arts. 21 and 22 can’t be suspended during the proclamation of an emergency so a person can challenge the validity of a detention even during operation of an emergency • Court becomes more activist Docsity.com U.S. suspension provision • Art. I § 9 Clause 2. The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it. Docsity.com U.S. Constitution • Article IV §4: “The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.” Docsity.com Indian Constitution • Financial Emergency (art. 360) what about this? • never Docsity.com
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