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Trending: Call for Papers Volume 5 | Issue 2: International Journal of Advanced Legal Research [ISSN: 2582-7340]

EMERGENCY POWERS AND CONSTITUTIONAL SAFEGUARDS: EXAMINING THE LIMITS OF EXECUTIVE POWERS DURING PANDEMICS AND NATIONAL CRISES – Muskan Chouhan

ABSTRACT

The COVID-19 pandemic underscored the tension between executive emergency powers and constitutional safeguards, as governments worldwide implemented drastic measures to manage the crisis. While such powers enable swift and decisive action in times of crisis, they pose significant risks to civil liberties, democracy, and public trust if left unchecked. This paper examines the constitutional limits imposed on executive powers during pandemics and national emergencies, analyzing the role of judicial oversight, legislative checks, and international norms in safeguarding democratic principles. Through case studies from India, the United States, and other nations, the paper explores how constitutional frameworks can both empower and restrain executive actions during crises. Ethical considerations, such as the disproportionate impact of emergency measures on marginalized communities, are also discussed. The paper concludes with recommendations to strengthen legal frameworks, enhance transparency, and promote balanced oversight to protect individual rights while ensuring public safety during future emergencies.

Keywords: emergency powers, constitutional safeguards, executive authority, judicial oversight, civil liberties, COVID-19 pandemic, democracy, public trust, marginalized communities, legal frameworks.