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Namrata Sehgal (Student)     25 September 2010

Some help required

I need some help for an article for a presentation for LL.M. internals. My topic is "Access to Courts during emergency". I am consulting certain books but having trouble finding relevant case laws. I would be grateful if you guys could help me out. Thanks!


 5 Replies


Mr. Arup, Prof.VLV and Mr. N.K. Assumi will surely extend knowledge on this topic.  I have sent PMs to them as it will make worthy to all of us.  It is very important topic so thanks to you for creating this opportunity here for all of us.


1 Like

Adv.Aiyer VLV (Proprietor)     26 September 2010

Thanks Sri.Ram Samudre 

for reposing faith on me and keeping on line with legends like Sri. Assumi and Sri. Arup

I will try to keep up to the mark


Adv.Aiyer VLV (Proprietor)     26 September 2010

Ms. Namrata

Please check for book by Granville Austin on making of Indian Democracy


This will give you idea of how constitution evolved

Any authority on Constitution Seervai, Datar will have cases listed on the topic. 

Some times you will find diffeent/more case law and different/more details from small guides like Usha Jagannath, Sujatha, jobwallah etc. you can glance them. sure some of your fellow students will have it. 


will give you all case laws you want. 


Prof.Adv.VLV,B.Sc., FCA, LLB


Thank you Prof.VLV for responding in such humble manner but you are more respected person.  


The topic "Access to Courts during emergency" still needs to be attended.


I have spoken to Mr. Arup ans he has given very important information in this topic and he will shortly post here as at present busy in some work.


Mr. N. K. Assumi and Democratic Indian are also expected.


It is really very important & interesting topic which should be addressed in detail.

Democratic Indian (n/a)     26 September 2010


 "Access to Courts during emergency" Since it is not clear what kind of emergency is being reffered to, in my opinion it can be thought of as national emergency and personal emergency.

1) National Emergency:

Article 357: Exercise of legislative powers under Proclamation issued under article 356 - the powers of the Legislature shall be exercised by the Parliament during emergency. The Parliament has the right to delegate Legislative powers to the President of India or any such authority. The President of India, after the Proclamation of Article 356, can make laws and shall have access to the consolidated fund during the time period when the House of the People is not in operation.

Article 358: Suspension of provisions of article 19 during emergencies - any provision under Article 19 will not be effective during emergency and the states can make law and undertake executive action. However, only those laws and executive actions containing recital related to emergency during the Proclamation of Emergency are effective as per the Article.

Article 359: Suspension of the enforcement of the rights conferred by Part III during emergencies - the President of India can suspend all ongoing proceedings in any court of the nation during emergencies by an Order. The President can also call upon all pending court proceedings in case of emergencies. All such orders declaring the suspension of court proceedings have to be submitted to both the Houses of Parliament.


As per Article 357 "The Parliament has the right to delegate Legislative powers to the President of India or any such authority." It means that  "President" or  "any such authourity" can make laws. In effect it means democracy for all practical purposes will be suspended and powers will concentrate into the hands of  "President" or "any such authourity". So expecting something just and reasonable from courts during such time will be expecting too much, as few individuals have all the powers to make laws(tyranny) and courts are always bound to implement those laws.


As per Article 358 and 359 for all practical purposes fundamental rights are  suspended and thus courts become powerless. Moreover since the fundamental rights of the judges are also suspended, expecting someting just and reasonable from courts during such time will be expecting too much. Bit of our history of emergency : https://en.wikipedia.org/wiki/The_Emergency_(India)


2) Personal Emergency: No court in the world can ever help you in situations of personal emergencies like life threatening situations example self defense etc. You are responsible for yourself, nobody can take your place. Period. For details you can read my profile: https://www.lawyersclubindia.com/profile.asp?member_id=85234

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