Topic: Indian Constitution and its features.
Q4. Compare national emergency with the state emergency. Assess the impact of a national emergency on fundamental rights and discuss judicial rulings on the suspension of these rights during emergencies. (250 words, 15M)
Difficulty level: Moderate
Reference: Insights on India
Why the question:
The question is part of the static syllabus of GS paper 2.
Key Demand of the question:
To compare national and state emergencies, evaluate the impact on fundamental rights during a national emergency, and discuss judicial rulings on the suspension of these rights.
Directive:
Assess – Provide a detailed comparison, evaluate impacts, and discuss relevant judicial rulings.
Structure of the Answer:
Introduction:
Briefly introduce national emergency (Article 352) and state emergency (Article 356).
Body:
First part: Comparison of National Emergency and State Emergency
Differentiate in terms of context, powers, and authority.
Second part: Impact of National Emergency on Fundamental Rights
Mention Article 358 and 359 compulsorily.
Third part: Judicial Rulings on Suspension of Rights
ADM Jabalpur Case (1976) and subsequent reforms in the form of 44th Amendment Act.
Conclusion:
Highlight the significance of judicial scrutiny in safeguarding fundamental rights during emergencies using principle of checks and balances.
