What is the Emergency?

Emergency means one kind of unexpected occurrence when immediate action becomes necessary, because the security of a state is more important than the liberty of any individual.

Classification of Emergencies:

a) Emergency of War,

b) Emergency of Subversion, and

c) Economic or Financial Emergency.

a) Emergency of War

For War or external aggression, when emergency is declared, it is called emergency of war. Emergency  also declared for nearest country. For example when Pakistan attacked Bangladesh than India declare a  emergency   in his own country.

b) Emergency of Subversion

If any state declares emergency for internal disturbances within the state to suppress civil war, or anti-government movement, or riot, or to face natural disaster like storm, earthquake, volcanic eruption, is called Emergency of Subversion. For example, in our country, emergency was declared four times due to internal disturbance. 

c) Economic or Financial Emergency

The emergency declared with a view to overcoming a situation in which the economy of the state is about to breakdown is called economic emergency. 

Emergency provision under Bangladesh constitution:

Articles 141A, 141B and 141C of part 9A of our constitution deal with emergency provisions. But Article 141A (1) specifically deals with declaration of emergency.

Article 141A says,

"If the president is satisfied that a grave emergency exists in which the security or economic life of Bangladesh, or any part thereof is threatened by war or external aggression or internal disturbance, he may issue a proclamation of emergency"

(a) A Proclamation of Emergency may be revoked by a subsequent Proclamation

(b) Shall be laid before parliament

(c) Shall cease to operate at the expiration of 120 days, unless before the expiration of that period it has been approved by a resolution of Parliament

(d) If any such Proclamation is issued at the time when the Parliament stands dissolved or the dissolution of Parliament takes place during the period of 120 days, the Proclamation shall cease to operate at the expiration of 30 days from the date on which the new Parliament first meet, unless it approves continuation of the emergency.

According to Article 141 B-

During emergency, article 36, 37, 38, 39, 40 and 42 shall not restrict the state to make any law or to take any executive action which is contrary to Part III of this constitution.

·       Freedom of movement (article 36)

·       Freedom of assembly (article 37)

·       Freedom of association (article 38)

·       Freedom of thought and conscience, speech (article 39)

·       Freedom of profession or occupation (article 40)

·       Rights to property (article 42)

Any law so made shall, to the extent of the incompetency, cease to have effect as soon as the Proclamation ceases to operate, except in respect of things done or omitted to be done before the law so ceases to have effect.

Article 141C says,

when emergency is declared the President may by an order suspend the right to move the High Court for enforcement of any fundamental rights and this order may extend to the whole of Bangladesh or any part thereof.