CONSTITUTIONAL APPROACHES TO EMERGENCY POWERS: A COMPARATIVE STUDY OF INDIA, THE USA, AND CANADA

AUTHOR – PURVAANSHI SINGH, STUDENT AT LAW COLLEGE DEHRADUN

BEST CITATION – PURVAANSHI SINGH, CONSTITUTIONAL APPROACHES TO EMERGENCY POWERS: A COMPARATIVE STUDY OF INDIA, THE USA, AND CANADA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (10) OF 2025, PG. 211-217, APIS – 3920 – 0001 & ISSN – 2583-2344.

ABSTRACT

This paper explores the constitutional frameworks for emergency powers in three democratic nations: India, the United States, and Canada. Each country’s approach to emergency powers is distinct, shaped by its historical context, legal traditions, and institutional structures. In India, emergency powers are codified in the Constitution, specifically under Articles 352 to 360, which outline the procedures for national, state, and financial emergencies. However, the Indian experience, particularly during the 1975 Emergency, highlights the risks of political misuse when safeguards are weak or overlooked. The United States, on the other hand, lacks explicit constitutional provisions for emergencies, relying on statutory laws like the National Emergencies Act (1976) and the International Emergency Economic Powers Act (1977) to grant broad executive powers. The U.S. model is characterized by flexibility but raises concerns about the concentration of power in the executive branch. Canada’s approach, encapsulated in the Emergencies Act (1988), evolved from the controversial War Measures Act (1914), offering a more structured framework with clear limits, judicial oversight, and parliamentary review. The paper examines how each nation’s emergency powers balance the tension between state security and individual rights, assessing the effectiveness of legal safeguards against the abuse of power. By comparing the constitutional provisions in India, the USA, and Canada, this study provides insights into the challenges and opportunities of maintaining constitutional governance during crises, offering recommendations for future legal reforms.