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In contemporary debates, Emergency provisions are discussed in contexts like pandemics, climate disasters, and security threats. Which principle best guides their application?
- Automatic invocation for any major crisis
- Last resort after exhausting ordinary legal frameworks, with strict adherence to constitutional safeguards
- Delegation to States without Union oversight
- Suspension of all judicial review during crisis
Answer: Last resort after exhausting ordinary legal frameworks, with strict adherence to constitutional safeguards
Emergency powers contemporary application principles: (a) Subsidiarity: Use ordinary laws first (Disaster Management Act, Epidemic Diseases Act, security legislation); Constitutional Emergency only if ordinary frameworks insufficient for existential threat, (b) Proportionality: Measures must be rationally connected to threat, least restrictive alternative, benefits outweigh rights restrictions, (c) Safeguards: (i) Written Cabinet advice, (ii) Parliamentary approval within time limits, (iii) Judicial review for constitutional compliance, (iv) Non-suspendable core rights (Articles 20-21), (d) Temporariness: Emergency measures temporary; clear exit strategy to restore normal constitutional functioning, (e) Federal balance: Coordinate with States; avoid unnecessary centralization. Illustrates constitutional wisdom: Emergency powers as shield for democracy, not sword against it; calibrated response preserving rights while addressing crisis.