The impact of declarations of emergency on human rights : A perspective from the Indo-Pak-Bangladesh subcontinent

It is a common feature of the constitutions of modern democracies to contain elaborate provisions empowering the executive to declare a state of emergency and to suspend the enforcement of human rights whilst dealing with grave threats posed to the life of the nation. However, history demonstrates that the power to invoke and continue emergencies are often abused to impose unreasonable restrictions on the right of individuals. This Article will explore whether the Constitutions of India, Pakistan and Bangladesh stipulate effective safeguards for ensuring that the extraordinary powers concerning emergencies are not invoked for extraneous purposes to impose undue restrictions on human rights. Consequently, on the basis of this analysis, this Article will put forward concrete recommendations to plug the constitutional loopholes, if any, concerning emergency powers in India, Pakistan and Bangladesh for safeguarding the enjoyment of the fundamental human rights of individuals.