How does National Emergency (Articl-352) convert the federal structure of India into a unitary one?
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India has been defined as a ‘union’ of states by the Constitution of India. India was created by uniting the states by words or by force as the union was not voluntary but was created by the parent country. By comparison with the United States we see that the ‘federation’ was formed when the states themselves came together voluntarily for forming the country. Sovereignty of the United States was given by the states whereas it is vice versa in India.
When National emergency is declared, it is assumed that the threat which was serious enough to cause for such a proclamation is serious enough to affect a major or the entire portion of the country. Thus, it is assumed that the entire India is affected or threatened. By law, the central government is the authority empowered by law to protect and defend India. This is the reason why there is only ‘Indian Army’ and not ‘State’ army such as - Maharashtra Army.
The declaration of emergency empowers the government to fulfill its sovereign mandate of protecting or defending the country and thus the federal structure is converted into unitary one where the authority of the Center increases and the Parliament assumes the power to make laws for the entire country or any part thereof, even in respect of subjects mentioned in the State List
When National emergency is declared, it is assumed that the threat which was serious enough to cause for such a proclamation is serious enough to affect a major or the entire portion of the country. Thus, it is assumed that the entire India is affected or threatened. By law, the central government is the authority empowered by law to protect and defend India. This is the reason why there is only ‘Indian Army’ and not ‘State’ army such as - Maharashtra Army.
The declaration of emergency empowers the government to fulfill its sovereign mandate of protecting or defending the country and thus the federal structure is converted into unitary one where the authority of the Center increases and the Parliament assumes the power to make laws for the entire country or any part thereof, even in respect of subjects mentioned in the State List
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When National emergency is declared, it is assumed that the threat which was serious enough to cause for such a proclamation is serious enough to affect a major or the entire portion of the country. Thus, it is assumed that the entire India is affected or threatened. By law, the central government is the authority empowered by law to protect and defend India
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