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    Emergency Power Provisions in South Asian Constitutions | Comparative Docket
    Provision-only emergency-power mapping

    Comparative Docket:
    Emergency Power Provisions

    A publication-grade constitutional docket mapping emergency proclamation, rights suspension, parliamentary control, financial emergency, public security and provincial intervention clauses across Bangladesh, India, Bhutan, Nepal, Pakistan, Maldives and Sri Lanka. This page deliberately excludes case-law and political commentary; it maps only constitutional text and emergency-triggered constitutional consequences.

    Explore the register Rights suspension map Open the matrix
    01 · Core comparative map

    Architecture at a glance

    Use this table as the docket’s executive summary before moving into country-specific provisions below.

    Country Core emergency provisions Trigger / emergency type Authority Control / duration Rights position
    Bangladesh 141A–141C Security or economic life threatened by war, external aggression or internal disturbance; imminent danger covered. President; Article 141A requires prior countersignature of the Prime Minister. Laid before Parliament; ceases after 120 days unless approved, subject to dissolution rule. Arts. 36, 37, 38, 39, 40 and 42 affected under Art. 141B; enforcement of specified Part III rights may be suspended under Art. 141C.
    India 352–360 War, external aggression, armed rebellion; failure of State constitutional machinery; financial emergency. President; Cabinet written decision required for national emergency. Part XVIII parliamentary approval, continuation and revocation rules. Art. 19 suspension only for war/external aggression under Art. 358; enforcement of rights except Arts. 20 and 21 may be suspended under Art. 359.
    Bhutan 33 External aggression, armed rebellion, public emergency/calamity, financial emergency. Druk Gyalpo on written advice of the Prime Minister. Initial 21-day limit unless extended by joint sitting; disapproval pathway through National Assembly members. Enforcement of Art. 7 sections 2, 3, 5, 12 and 19 may be suspended.
    Nepal 273 Sovereignty, territorial integrity or security emergency by war, external aggression, armed rebellion, extreme economic disarray, natural calamity or epidemic. President. Approval by two-thirds of total then members of both Houses; 3-month period; renewable in 3-month blocks. Part 3 rights may be suspended, but a long non-suspendable list and habeas corpus are protected under Art. 273(10).
    Pakistan 232–237 War, external aggression, or internal disturbance beyond provincial control; provincial failure; financial emergency. President. Parliamentary approval and continuation rules under Part X; special internal-disturbance provincial pathway. Art. 233 affects Arts. 15, 16, 17, 18, 19 and 24 and allows suspension of court enforcement of specified Chapter 1 Fundamental Rights.
    Maldives 253–260 Natural disaster, dangerous epidemic disease, war, threat to national security, threatened foreign aggression. President. Initial declaration cannot exceed 30 days; Majlis submission, approval, extension and revocation architecture. Emergency infringement allowed only outside Art. 255’s protected list and only to the extent strictly required.
    Sri Lanka 155 Public-security law / Public Security Ordinance brought into operation by Proclamation. President through public-security Proclamation. One-month public-security Proclamation; 14-day emergency-regulation approval rule. No Bangladesh/India-style express suspension of fundamental-rights enforcement in Art. 155; emergency regulations cannot override the Constitution.
    02 · Corrected classification

    Core provisions versus related provisions

    This is the precision table for avoiding over-inclusion.

    Country Core emergency-power provisions Related / contextual only Publication note
    Bangladesh 141A–141C — Use “prior countersignature of the Prime Minister” for Art. 141A; reserve “written advice” for Art. 141C.
    India 352–360 83(2), 172(1), 250–251 Articles 83(2), 172(1), 250 and 251 are emergency-triggered effects outside Part XVIII, not the core emergency chapter.
    Bhutan 33 — Article 33 contains the ordinary emergency, calamity, rights-suspension, financial-emergency and amendment-bar elements.
    Nepal 273 267(6) Article 267(6) is Nepal Army mobilisation in grave emergency; keep it related, not core.
    Pakistan 232–237 280 Article 280 is transitional/historical continuance of a prior emergency; do not list it as a current core provision.
    Maldives 253–260 267 Article 267 is an amendment bar during emergency; it is a contextual control, not the emergency-power mechanism.
    Sri Lanka 155 154J; 154K–154N wider machinery Article 154J is directly related provincial public-security machinery. Articles 154K–154N should not be described as core national emergency powers.
    03 · Country register

    Provision-by-provision emergency register

    Search by country, article number, trigger, rights or control mechanism.

    BD

    Bangladesh

    Part IXA — Emergency Provisions
    Compact code

    Bangladesh uses a three-article emergency code: proclamation, selected rights override, and suspension of judicial enforcement of specified Part III rights.

    141A141B141C
    TriggerSecurity or economic life threatened by war, external aggression or internal disturbance; imminent danger covered.
    ControlProclamation laid before Parliament; 120-day cessation rule unless approved.
    RightsArticle 141B affects Arts. 36, 37, 38, 39, 40 and 42; Art. 141C permits order-based suspension of court enforcement.
    Precision note

    Use “prior countersignature of the Prime Minister” for Article 141A. Article 141C separately uses the “written advice of the Prime Minister” formulation.

    IN

    India

    Part XVIII — Emergency Provisions
    Full taxonomy

    India has the broadest emergency taxonomy in this set: national emergency, State constitutional-machinery emergency, financial emergency, legislative expansion and rights-enforcement suspension.

    352353354355356357358359360
    TriggerWar, external aggression or armed rebellion for national emergency; failure of constitutional machinery in States; financial emergency.
    EffectUnion executive and legislative reach expands; State emergency and financial emergency routes are separately constitutionalized.
    RightsArticle 19 can be suspended only for war/external aggression; Articles 20 and 21 remain outside Art. 359 suspension.
    Related but not core

    Articles 83(2), 172(1), 250 and 251 are emergency-triggered consequences outside Part XVIII. Keep them outside the core emergency article list.

    BT

    Bhutan

    Article 33 — Emergency
    21-day rule

    Bhutan’s emergency regime is contained in Article 33, including ordinary emergency, public emergency/calamity, selected rights suspension, financial emergency and amendment lock.

    33(1)33(2)33(3)–(5)33(7)33(8)33(9)
    AuthorityDruk Gyalpo on written advice of the Prime Minister.
    ControlLapses after 21 days unless extended by two-thirds of total members at a joint sitting of Parliament.
    RightsEnforcement of Art. 7 sections 2, 3, 5, 12 and 19 may be suspended.
    Amendment bar

    Article 33(9) expressly prohibits amendment of the Constitution during a state of emergency.

    NP

    Nepal

    Part 30 — Emergency Power
    Non-derogation list

    Nepal permits suspension of Part 3 rights during emergency, but Article 273(10) preserves a long list of non-suspendable rights and habeas corpus.

    273(1)–(3)273(4)–(8)273(9)273(10)273(11)–(13)
    TriggerWar, external aggression, armed rebellion, extreme economic disarray, natural calamity or epidemic affecting sovereignty, territorial integrity or security.
    ControlTwo-thirds approval of total then members of both Houses; 3 months, renewable in 3-month periods.
    RightsPart 3 may be suspended except the Art. 273(10) protected list; habeas corpus is expressly preserved.
    Related but not core

    Article 267(6) belongs in a related note for Nepal Army mobilisation in grave emergency. It is not the main emergency-power provision.

    PK

    Pakistan

    Part X — Emergency Provisions
    Federal intervention

    Pakistan’s Part X combines national emergency, rights-suspension mechanics, provincial constitutional failure, financial emergency and indemnity legislation.

    232233234235236237
    TriggerWar, external aggression, or internal disturbance beyond the power of a Province to control.
    EffectParliament may legislate for a Province beyond ordinary competence; Federation may direct or assume provincial functions.
    RightsArticle 233 affects specified rights and permits suspension of court enforcement of specified Chapter 1 Fundamental Rights.
    Related but not core

    Article 280 is transitional/historical. It should be kept out of the current core emergency-power register.

    MV

    Maldives

    Chapter XI — State of Emergency
    Court review

    Maldives has a detailed emergency chapter with declaration, publication, Majlis control, Supreme Court validity review, expiry rules and a strong non-derogable rights list.

    253254255256257258259260
    TriggerNatural disaster, dangerous epidemic disease, war, threat to national security or threatened foreign aggression.
    ControlDeclaration limited to 30 days; submitted to People’s Majlis; Majlis may approve, extend or revoke.
    RightsArticle 255 protects a detailed list from restriction and requires strict necessity and international-law consistency.
    Related but not core

    Article 267 bars constitutional amendment during emergency. It is a contextual amendment-control rule, not a core emergency-power clause.

    LK

    Sri Lanka

    Chapter XVIII — Public Security
    Public security

    Sri Lanka constitutionalizes the Public Security Ordinance model: emergency regulations may override ordinary law, but cannot override the Constitution.

    155(1)155(2)155(3)155(3A)155(4)155(5)–(9)
    TriggerPublic-security law brought into operation through Proclamation.
    EffectEmergency regulations may override, amend or suspend ordinary law, including Provincial Council statutes, but not the Constitution.
    RightsNo express Bangladesh/India-style suspension of fundamental-rights enforcement in Article 155.
    Related but not core

    Article 154J is directly related provincial public-security machinery. Articles 154K–154N are wider provincial machinery and should not be labelled as core national emergency provisions.

    04 · Rights during emergency

    What rights may be suspended or affected?

    This table is the page’s main rights-suspension reference layer.

    Country Rights that may be suspended / affected Non-suspendable / protected rights Legal form of emergency rights effect
    Bangladesh Arts. 36, 37, 38, 39, 40, 42 under Art. 141B; specified Part III rights under Art. 141C order. Not listed as a general non-derogable catalogue in Part IXA. Automatic selected-rights override plus order-based suspension of court enforcement.
    India Art. 19 under Art. 358 for war/external aggression; enforcement of specified Part III rights under Art. 359. Arts. 20 and 21 cannot be suspended under Art. 359. Subject-right suspension and enforcement-suspension mechanism.
    Bhutan Enforcement of Art. 7(2), 7(3), 7(5), 7(12), 7(19). Other Article 7 rights are not included in the Art. 33(7) suspension list. Limited suspension of enforcement of specified rights only.
    Nepal Part 3 rights may be suspended generally. Art. 273(10) protects a long list, including dignity, equality, justice rights, torture protection, women’s and children’s rights, social justice, habeas corpus and remedies for protected rights. General Part 3 suspension subject to extensive non-suspendable list and post-emergency bad-faith compensation remedy.
    Pakistan Arts. 15, 16, 17, 18, 19 and 24 affected by Art. 233(1); enforcement of specified Chapter 1 rights may be suspended by order. No Art. 233 equivalent to India’s express Art. 20/21 carve-out or Nepal/Maldives-style long list. Specified-rights override plus order-based suspension of court enforcement.
    Maldives Emergency measures may infringe certain Chapter II rights and temporarily suspend operation of laws. Arts. 21, 25, 27, 28, 42, 48(b), 51, 52, 53, 54, 55, 57, 59, 60, 62 and 64 cannot be restricted by emergency measures. Strict-necessity model with express non-derogable rights list and Supreme Court validity review.
    Sri Lanka Article 155 permits emergency regulations affecting ordinary law; it does not expressly suspend fundamental-rights enforcement. The Constitution itself cannot be overridden, amended or suspended by emergency regulations. Ordinary-law override model subject to constitutional supremacy; no express emergency rights-enforcement suspension in Art. 155.
    05 · Functional matrix

    Emergency functions by jurisdiction

    A condensed cross-country matrix for quick comparison.

    Function BD IN BT NP PK MV LK
    Emergency proclamation / declaration 141A 352 33(1)–(3) 273(1)–(3) 232 253–254 155(3)–(6)
    Rights suspension / enforcement limits 141B–141C 358–359 33(7) 273(10)–(12) 233 254–255 No express Art. 155 equivalent
    Financial emergency — 360 33(8) 273 trigger includes extreme economic disarray 235 — —
    Subnational / provincial effect — 356–357; 250–251 related 33(6) Local Government directions State-request route in 273(2); 267(6) related 232, 234 — 155(3A); 154J related
    Emergency validity / finality posture — Not as a single emergency-validity clause in Part XVIII — Compensation remedy after bad-faith injury — 258 No express Art. 155 emergency-validity review clause; Art. 154J contains finality language for provincial public-security directions.
    Emergency amendment bar — — 33(9) — — 267 —
    06 · Emergency-control pathways

    How constitutional control is structured

    Simplified control routes for readers navigating the emergency architecture.

    1

    Parliamentary approval model

    Bangladesh, India, Bhutan, Nepal, Pakistan, Maldives and Sri Lanka all rely on legislative involvement, but approval timing, thresholds and continuation periods vary sharply.

    2

    Rights-enforcement model

    Bangladesh, India and Pakistan use explicit court-enforcement suspension machinery. Nepal and Maldives rely on non-suspendable rights lists. Sri Lanka uses an ordinary-law override model.

    3

    Subnational intervention model

    India and Pakistan constitutionalize State/Province failure routes. Sri Lanka adds provincial public-security directions through Article 154J as related machinery.

    4

    Financial emergency model

    India, Bhutan and Pakistan have express financial-emergency provisions. Nepal’s Article 273 includes extreme economic disarray as a state-of-emergency trigger.

    5

    Judicial-control model

    Maldives is the clearest: Article 258 expressly gives the Supreme Court power to determine validity of emergency declarations, laws and orders.

    6

    Amendment-lock model

    Bhutan and Maldives expressly bar constitutional amendment during emergency. This should be treated as an emergency-control feature, not as a core proclamation power.

    Comparative findings

    1

    Most compact emergency code: Bangladesh. The entire national emergency architecture is concentrated in Articles 141A–141C.

    2

    Most elaborate emergency taxonomy: India. Part XVIII separates national emergency, State constitutional failure, financial emergency, rights suspension and Union-State effects.

    3

    Strongest express emergency validity review: Maldives. Article 258 directly assigns Supreme Court review over emergency declarations, laws and orders.

    4

    Most detailed non-suspendable rights lists: Nepal and Maldives. Nepal preserves a long Article 273(10) list, while Maldives uses Article 255.

    5

    Strongest ordinary-law override: Sri Lanka. Article 155 permits emergency regulations to override, amend or suspend ordinary law, but not the Constitution.

    6

    Key publication caution: classification. Do not merge core emergency provisions with emergency-triggered consequences such as India Arts. 83(2), 172(1), 250–251 or Nepal Art. 267(6).

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