2. Compare and contrast the emergency provisions of the Indian constitution vis a vis that of Canada. (10 Marks)
भारतीय संविधान के आपातकालीन प्रावधानों की कनाडा के संविधान के साथ करें।
Students are expected to write about the emergency provision in India and then simply compare and contrast emergency provisions of Canada and India.
The emergency provisions have been contained in Part XVIII of the Indian constitution, from Articles 352 to 360. The rationale was to enable the central government to deal with abnormal situations and thus help safeguard integrity and sovereignty of India.
Canada invoked the Emergencies Act, to be used for the first time in the country, in a bid to end the anti-vaccine mandate protests taking place across the country and blocking parts of the capital Ottawa.
Comparison and contrast emergency provision of the India and Canada:
- The Emergencies Act of Canada can be invoked in parts depending upon the emergencies. The act covers four emergencies: public welfare emergency, public order emergency, war emergency and international emergency.
- The Indian constitution stipulates three types of emergencies National Emergency, Constitutional Emergency and Financial Emergency.
- The Emergencies Act has been invoked for the first time in Canada. Article 352 emergency has been proclaimed three times so far- in 1962, 1971 and 1975. Under article 360 financial emergency never was imposed in India despite economic recession or any other financial crisis.
- The Emergencies Act of Canada can be invoked in parts depending upon the emergencies. This emergency in India can be imposed either for the whole of India or could be restricted to certain territories (42nd amendment act).
- The application of the Public Order Emergency in Canada expires after 30 days of its declaration unless it has already been revoked or the decision to continue it has been taken in accordance with the act. The Parliament also has the right to revoke the act. Also, any regulations or orders passed under the act can be challenged in Canadian courts.
- In India Emergency can be revoked at any time by the President by passing a subsequent proclamation to this effect. If approved by both the houses, the Emergency continues for 6 months and can be extended to an indefinite period with an approval of the Parliament for every six months.
- While a proclamation of Emergency is in force, the normal fabric of the Centre-State relations undergoes a basic change.
- Canada- Emergency can be declared by provincial, territorial and municipal governments. India- Declared by President on the advice of executive.
Thus, it can be concluded that the emergency provision vary from one country to other depending on the political setup. It is observed that unitary polity/constitutions like the India empowers the national government to proclaim emergency while federal polity like Canada empowers the provincial and local governments to declare emergency as well. Our emergency provisions are in conformity with the quasi federal nature of our polity with substantial safeguards to prevent abuse.