Abstract: In the normal peaceful times a notable feature of the Indian constitution of quasi-federal structure is followed but during the emergency the framers of the Constitution felt that in an emergency the centre should have overriding power to control and direct all aspects of administration and legislation throughout the country. A proclamation of Emergency is a very serious matter as it invites disturbance from the normal fabric of the Constitution which might adversely affect the rights of the people. Therefore this emergency is issued only under special circumstances and thus in order to prevent the abuse of power, the emergency provisions has been amended extensively. Article 356 has been misused by the political party in power at the Center to promote its own political interest in the state rather than focusing on the reason for breakdown of the constitution machinery.
Keywords: S.R. Bommai case, Article 356, Emergency, State of Rajasthan v. Union of India, breakdown.
Title: The Power of Judicial Review during State Emergency in India
Author: Shreya Mazumdar
International Journal of Social Science and Humanities Research
ISSN 2348-3156 (Print), ISSN 2348-3164 (online)
Research Publish Journals
