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Plea in SC for the declaration of Financial Emergency
In the backdrop on national lockdown imposed by the government on 24th march, 2020 to curb the transmission of COVID-19 pandemic, a Public Interest Litigation petition has been filed in the Supreme court of India seeking to direct the Central Government to declare ‘Financial emergency’ under Article 360 of the Constitution of India. Till date, financial emergency has never been declared in India although the thought did emerge once in 1991, but since LPG model had been introduced India was able to sustain.Article 360 of the Indian Constitution states that if the President is satisfied that there is threat to the financial stability or credit of India or any part of the territory is threatened thereof, he may in this regard declare financial emergency in the country.
The petition has been challenged by think-tank Centre for Accountability and Systemic Change (CASC), stating that the lockdown cannot be managed as per Section 144 of CrPC or through Disaster Management Act, 2005 or through the provisions of Epidemic Disease Act 1897. The plea stated-'It is a global epidemic which should not be handled by district level geographical barriers and it must be fought by public and government both in unified manner as per emergency provisions of Constitution of India'.The petition also stated this to be the biggest emergency in independent India that needs to be addressed as per the provisions of the Constitution. And this is required not only to fight against corona virus but also to stabilise the condition of Indian economy which is hampered due to the outbreak of such a deadly disease. Multiple steps that are taken by divergent authorities are causing chaos and confusion in the minds of people that is in no way sufficient to contain the spread of corona virus. The petition also stated that, for better utilisation of 1.7 lakh crore financial package introduced by the Finance minister there arises a need for declaration of financial emergency in India.
The PIL has been filed through Advocate Virag Gupta. The lawyers of the petitioner strive at an urgent hearing in SC through video conferencing. CASC has urged the Supreme Court to pass orders for: - 1.necessary directions for suspension of collection of utility bills (Electricity, Water, Gas, Telephone, Internet) and EMIs payments liable to be paid during the Lockdown period, and 2. Direct the State police and local authorities to strictly comply with home ministry instructions so that essential services are not disrupted.
Thus, at this hour where at one point India is fighting against such deadly disease on the other we have a plea for the declaration of financial emergency in the country. Needless to say whatever might be the scenario India is definitely paying a very big price for the same and the effect of which will be seen in upcoming years.
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