A LEGAL AND HISTORICAL STUDY ON EMERGENCY PROVISION IN INDIA (1935 TO PRESENT)

The country which forgets the history that needs no evil to destroy itself, because forgetting one’s own history is sufficient to destroy it, said Swamy Vivekananda. A country should focus on the historical evolutionary part, while making a decision, which would provide appropriate guidance to resolve the current challenges. In the Indian constitution Articles 352 to Article 360 deal with the emergency provisions to tackle the extraordinary situations. Emergency provisions have an evolutionary history from the Government of India Act of 1935 to the present day. This evolution contains very interesting amendments, the 42^nd and 44^th Constitution amendments. This work focuses on the legal and historical evolutionary part of Indian emergency provisions.