Constitutional Emergency Framework

A single emergency instrument usable for war and political suppression is inherently abusable. The 1975 Proclamation [@cite_emergency_proclamation_1975] used a framework designed for external attack to suspend civil liberties for 21 months. The 2020 COVID response was conducted entirely outside Article 352 because Article 352's history makes its political costs disproportionate to operational need. The 2019–2021 Kashmir internet shutdowns demonstrated emergency-level authority through subordinate legislation without any constitutional accountability. The fix is type-differentiation with automatic lapse mechanisms — the design pattern recommended by International IDEA's 2021 Constitution-Building Primer [@cite_idea_emergency_powers_2021].