|
Young World
Misuse of power?
A. SRIVATHSAN
|
During an Emergency, the fundamental rights of people are suspended.
|
The constitutions of Pakistan and India have emergency provisions to deal with times of national crisis such as war and other calamities.
On November 3, General Pervez Musharraf declared an Emergency in Pakistan. Political leaders, judges, lawyers and many others were arrested. Public gatherings, rallies, protest meetings were banned. The struggle against emergency has just begun. What does emergency mean and why have people gone great lengths to protest it?
Many countries have provisions for emergency powers in their law. These provisions are to be used during the times of national crisis such as war and other calamities. Emergency powers are expected to expedite relief measures, remove impediments and enforce strict security. In 1965 and 1971 Pakistan declared Emergency when it was in war with India. In 1962 and 1971, India too declared emergencies during China and Pakistan wars.
History speaks
The ugly side of emergency powers is that it denies fundamental rights. For example, freedom to move, freedom to assemble and protest, freedom to speak and voice opinions will be curtailed or even denied. In addition, property rights will also not be protected and it can be confiscated without having to explain the reasons. Any one opposing the government will be arrested, the media will be strictly regulated and no reports against the government will be permitted. .
Many understand wartime emergency measures. But they protest misuse of emergency powers. Musharraf and Indira Gandhi are cases in point.
In 1999, General Musharraf staged a military coup and dismissed Nawaz Sherrif, the then Pakistan president. After the coup, Musharraf declared himself the president. In 2002, through a referendum, his term as president was extended to 2007. In 2007, the issue whether he could continue as an army chief and as a president was challenged in the court. Meanwhile the elections were held and Musharraf was elected. Subsequently, Musharraf’s elections was challenged in court.
In order to safe guard his presidential post he declared an Emergency. Seven judges of the Supreme Court were kept under house arrest, new judges were appointed and the earlier court order was reversed. In just the same way, in 1975, the Allahabad High court struck down Indira Gandhi’s electoral victory. She too declared an Emergency in order to overlook the court order and stay in power
History has shown that an Emergency, especially when declared for personal gains, was full of oppression. Freedom and rights were at peril and people had struggled. What people seek and cherish is democracy that cares for people interests, ensures freedom and where administrators can deliver and be held accountable. To Pakistan and India, their respective periods of emergency would always remain as blots in their history.
According to the constitution
The Articles 352- 360 of the Indian Constitution provides for emergency powers. The national emergency is declared when the President is convinced that the security of the nation or its territory is threatened because of war or external aggression or armed rebellion. Financial emergency is declared when the financial stability or credit of India or its territory is threatened. The President can evoke emergency powers on the basis of the State Governor’s report and dismiss the elected State government when it fails to govern in accordance with the provisions of the Constitution. This proclamation however has to be laid down in both houses of Parliament.
Printer friendly
page
Send this article to Friends by
E-Mail
Young World
|
