GK Question

polity hard mcq

During the COVID-19 pandemic (2020-22), India did not proclaim National Emergency under Article 352 but managed the crisis through:

  1. State Emergency under Article 356 in all States
  2. Disaster Management Act, 2005 and executive orders under existing laws
  3. Financial Emergency under Article 360
  4. Constitutional amendment to create new emergency powers

Answer: Disaster Management Act, 2005 and executive orders under existing laws

Pandemic management without Constitutional Emergency: (a) Legal framework: Disaster Management Act, 2005 empowered National/State Disaster Management Authorities to issue guidelines, (b) Executive actions: (i) Lockdown orders under Section 144 CrPC, Epidemic Diseases Act, 1897, (ii) Migrant welfare measures under existing labour laws, (iii) Economic relief through fiscal packages under Finance Act provisions, (c) Constitutional considerations: (i) High threshold for Article 352 ('armed rebellion') not met by health crisis, (ii) Federal cooperation preferred over unitary control, (iii) Judicial review ensured rights protection (e.g., migrant rights cases), (d) Lessons: Existing legal frameworks sufficient for non-existential crises; Constitutional Emergency reserved for war/external aggression/armed rebellion. Illustrates adaptive governance: using ordinary laws for extraordinary situations while preserving constitutional safeguards.

Topic Emergency Powers - Contemporary Applications
Exam Relevance Emergency powers contemporary application critical for UPSC Mains and current affairs exams