ABSTRACT
The Sino-Indian border war in 1962 provided the then Indian government, headed by Prime Minister Jawaharlal Nehru, the opportunity to use, for the first time, the emergency provisions of the Indian constitution. Since then two other proclamations of emergency were declared in 1971 and 1975. The emergency declared in 1962 was in force the longest period of time, up until 1969, long after the cessation of hostilities in the border war. During this period of time, the powers of the executive and legislative branches of government under the Indian Constitution were largely expanded to the detriment of citizens’ constitutional rights. Although unaltered during emergency, the powers of the judicial branch of government were also indirectly affected. The powers of the principal organs of government available under the Constitution of India during peace time therefore underwent significant re-alignments as a result of a proclamation of an emergency. This chapter examines the constitutional re-arrangements of the powers of the three principal institutions of government during a state of emergency that can be declared by the President of India under the relevant provisions of the Indian Constitution in circumstances of external aggression and war; certain circumstances of insurrection and rebellion within India can also be a ground for a declaration of emergency entailing the exercise of extraordinary powers of the executive.
