EMERGENCY POWER IN INDIA AND THE UNITED KINGDOM: A CONSTITUTIONAL ANALYSIS

AUTHOR – ASS. PROF. MS. SONIKA SHARMA, HRIT UNIVERSITY, GHAZIABAD, U.P.

BEST CITATION – ASS. PROF. MS. SONIKA SHARMA, EMERGENCY POWER IN INDIA AND THE UNITED KINGDOM: A CONSTITUTIONAL ANALYSIS, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (4) OF 2025, PG. 96-105, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

This paper traces the nature of emergency powers, which preserve the integrity of constitutional governance by enabling the state to effectively respond to crises. The emergency provisions of the constitutions of India and the United Kingdom are compared and contrasted in the context of governmental architecture, scope, and implications upon democratic governance. While the emergency provisions in the Indian Constitution under Articles 352, 356, and 360 seem to provide a formidable authority in the hand of the central government during national exigencies, there do not exist codified emergency provisions in the United Kingdom. Instead, the realm of British law treats emergencies through statutory law, constitutional conventions, or royal prererogative. This paper analyzes the historical background, judicial interpretation, and practical use of emergency powers in both countries. The paper attempts to find a balance between executive power and civil liberties and conclude the safeguards preventing misuse of emergency powers. A study of certain case laws and constitutional debates stands instrumental in developing an understanding of how democratic states utilize emergency powers while practicing the rule of law.