LawIn which situation article 21 is not working for a human? With description.How many emergency defined in our indian constitution

In which situation article 21 is not working for a human? With description.How many emergency defined in our indian constitution

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  • Article 21 of the Indian constitution guarantees right to life and personal dignity but is is subjected to the procesure established by law. Both the state and private individual have this duty to ensure that no person(citizen or non citizen) is deprived of his life or personal dignity. But it can be curtailed by procesure established by law. Here, thay are talking about procedural due process according to which the deprivation has to be reasonable, just, fair and non arbitrary as has been held in R.C.Cooper v. Union of India and Maneka Gandhi v. Union of India. One procedure is emergency. According to the article 359 which confers power upon the president to suspend fundamental rights during emergency including article 21 of the constitution. It was also held by the supreme court in the case of jabalpur v. Shivkant Shukla. However, this judgement was widely criticized and the scope has been limited. It was firther helg in Minerva mills v. Union of India that this suspension/curtailment is subjected to judicial review. There are 3 types of emergencies in India:- 1. National emergency As provided under article 352 there shall be a presidential satisfaction as to the grave emergency as regards the security of india. The emergency can be on the grounds - war, external aggression, armed rebellion. The president can make declaration for whole or any part of India. Once a proclamation has been issued, it can be withdrawn. The president could only declare the emergency after he receives a written confirmation from the cabinet ministers. It has been imposed 3 times uptill now. 2. State emergency Article 356 talks about emergency on the ground of failure of constitutional machinery. It also lays down that if a state has failed to comply with the directions of the union then the president can declare the state emergency. Even in cases where no party is able to form a government in a state there can be an imposition of the president's rule on the report of the governor. Most often article 356 had been used due to the failure of the formation of the government at the state level. 3. Financial emergency Article 360 provides about financial emergency which can be imposed on the following ground :- (i) The financial stability has been threatened (ii) The credit of India is threatened It is the president that imposes the financial emergency which is valid for 2 months. It has never been imposed in India.
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