Plea in SC to declare Financial Emergency during lockdown

A plea was moved in Supreme court on Thursday by the Centre for Accountability and Systemic Change (CASC) seeking directions for notification of financial emergency in the country under Article 360 of the Constitution. The petition said it is the biggest emergency in Independent India and it must be addressed as per constitutional provisions through unified command between Centre and state governments. This will be required not only to defeat coronavirus but also in the recovery of the Indian economy when the lockdown period ends, the petition said.

New Delhi: The Centre for Accountability and Systemic Change (CASC), a think tank, moved a plea in the Supreme Court on Thursday seeking imposition of financial emergency under the Constitution's Article 360 to save the rule of law "which is being threatened by arbitrary actions of states and local authorities amid the ongoing 21-day nationwide lockdown."

The petition contended that the general public is not having access to newspapers, which is happening for the first time since Independence, and the closure of courts is affecting the right to justice. "Almost all the fundamental rights including the freedom of movement and most rights under Article 21 have been practically suspended during this lockdown. Therefore, this requires the imposition of financial emergency as per the Constitution, and not an order under the Disaster Management Act, 2005, " said the plea.

The petition said it is the biggest emergency in Independent India and it must be addressed as per constitutional provisions through unified command between Centre and state governments. This will be required not only to defeat coronavirus but also in the recovery of the Indian economy when the lockdown period ends.

Seeking the declaration of financial emergency, the petition contended that even after PM Narendra Modi announced a 21-day lockdown and the Home Ministry issued orders for the same on March 24, different state governments and police authorities are taking action as per section 144 of the Code of Criminal Procedure whereby the assembly of more than five people are prohibited. "Divergence of steps taken by different authorities are causing confusion and lawlessness in no way can be the solution to a problem as grave as COVID-19," said the petition.

The petitioner prayed for directions to suspend collection of utility bills(electricity, water, gas, telephone, internet) and EMIs payments liable to be paid during the lockdown period. It also sought directions to the state police and local authorities to strictly comply with the Home Ministry's instructions so that essential services are not disrupted.