POSITION OF FUNDAMENTAL RIGHTS DURING EMERGENCY IN INDIA

The Constitution stipulates three types of emergencies-national emergency, Constitutional emergency, and financial emergency. A state of emergency in India refers to a period of governance that can be proclaimed by the President of India during certain crisis situations. Under the advice of the cabinet of ministers, the President can overrule many provisions of the Constitution, which guarantees Fundamental Rights to the citizens of India. The Fundamental Rights can be suspended during emergency by the President of India under Article 359. The six freedoms under right to freedom are automatically suspended. By contrast, the right to life and personal liberty cannot be suspended according to the original Constitution. The Fundamental Rights are justiciable. Under Article 32 of the Constitution, a person can go to the Supreme Court for the enforcement of these rights. Thus, this paper attempts to evaluate the content and extent of these provisions in the light of the operation of these provisions during emergency and to assess their impact on constitutional democracy and individual ' liberty.