ThePrint ThePrintPod: Emergency showed extent of executive power. 50 years on, it’s still embedded in Constitution
Jun 25, 2025
The discussion dives into the significant legacy of the Emergency in India, revealing how concentrated executive power has reshaped democratic checks and balances. It highlights inherent structural issues within the constitutional framework that allow such power to thrive. The podcast also explores the evolution of executive authority in relation to constitutional provisions, focusing on how this impacts civil liberties and creates tensions between state control and individual rights.
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Emergency Revealed Democracy's Fragility
- The Emergency revealed the fragility of rights and checks and balances in the Indian state.
- India's democratic successes often stem from well-meaning actors, not legislative safeguards.
Constitution Enables Strong Union Power
- India's constitution gave the Union sweeping powers to become a unitary state in crisis.
- Fundamental rights could be revoked by emergency provisions, governor powers, and ordinances.
Ninth Schedule Shields Executive Actions
- The Ninth Schedule shields some laws from judicial review to protect executive decisions.
- Indira Gandhi used this to overturn her parliamentary suspension.