The Validity of the 59th Constitutional Amendment
By
R. Vasudev Pillai
The nation had rested in the belief for the last decade or so that the darkest chapter in its constitutional history had ended when Ex President Fakhruddin Ali Ahmed withdrew the Proclamation of Emergency imposed on 25th June, 1975 in order to hold General Elections on 21st March, 1977. But with the President now having put his signature to the most controversial 59th Amendment to the Constitution, the question that is pushed to the forefront is whether he has unwittingly ushered us into a new era of constitutional despotism by a side door.
Before commenting upon the 59th Amendment, it is desirable to understand the nature of Chapter XVIII of the Constitution dealing With the Emergency Powers. It contemplates three kinds of emergencies (1) Danger from war, external aggression and armed rebellion (2) Break down of constitutional machinery within a State and finally (3) Financial emergency; the gravest being, emergency arising out of war, external aggression and armed rebellio ....