Supreme Court's Observations on Misuse of Central Agencies During COVID-19
March 2024
The Supreme Court's recent observations about the potential misuse of central investigative agencies have reignited debates about 'undeclared emergency' - a situation where emergency-like effects are achieved without formally declaring emergency. During the COVID-19 pandemic, the central government used various legal frameworks to manage the crisis without invoking Article 352, demonstrating how modern governance can handle crises through existing mechanisms. However, critics argue that the increased use of agencies like ED, CBI, and IT Department against opposition leaders creates an atmosphere similar to emergency without the constitutional safeguards that formal emergency declaration would trigger. This development is significant for UPSC as it represents the evolution of emergency-like powers in the contemporary context, showing how the spirit of emergency provisions can be invoked without their formal declaration.
UPSC Angle: Questions may focus on the difference between formal emergency and 'undeclared emergency', the role of central agencies in federal structure, and the balance between legitimate law enforcement and political misuse.