Powered by OpenAIRE graph
Found an issue? Give us feedback
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/ ZENODOarrow_drop_down
image/svg+xml art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos Open Access logo, converted into svg, designed by PLoS. This version with transparent background. http://commons.wikimedia.org/wiki/File:Open_Access_logo_PLoS_white.svg art designer at PLoS, modified by Wikipedia users Nina, Beao, JakobVoss, and AnonMoos http://www.plos.org/
ZENODO
Article . 2024
License: CC BY NC
Data sources: ZENODO
ZENODO
Article . 2024
License: CC BY NC
Data sources: Datacite
ZENODO
Article . 2024
License: CC BY NC
Data sources: Datacite
versions View all 2 versions
addClaim

Implications of Emergency on Fundamental Rights: Position Before and After the Constitution 38th, 42nd and 44th Amendments

Authors: Rohan Mehrotra;

Implications of Emergency on Fundamental Rights: Position Before and After the Constitution 38th, 42nd and 44th Amendments

Abstract

The life of a nation is defined by times of peace and times of distress, constitutions are enacted to provide framework of governance for the administration of the state for all times. The defining features of democratic form of government which ensure fair representation and just redressal of grievances are critiqued for being sluggish when facing major adversities. Most Democratic constitutions of the world concede this fact and contain separate set of administrative norms for these emergencies, wherein they try to tread on the thin line of relinquishing requisite space for the executive to take swift decisions while diluting the accountability mechanisms and yet preserving basic rights of the citizens even in challenging circumstances. The framers of the Indian constitution tried to achieve this balance but the eventual exigencies enabled the contemporary regimes to almost upend the balance by tilting the scales firmly in the favour of the all-encompassing state. This essay aims to trace the impact of the constitutional amendments made during the proclamations of emergency on the operation of the part III of the constitution and how the document proved its resilience amidst the incessant onslaught on liberty. 

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    0
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
Powered by OpenAIRE graph
Found an issue? Give us feedback
selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green