Emergency Provisions and Loitering Munitions in Defense
Source:Indian Express ↗
Why It Matters
The 50th anniversary of the 1975 Emergency makes Article 352 and the 44th Amendment highly probable for both Prelims and Mains. Concurrently, drone warfare (loitering munitions) and climate finance (NCQG) are high-yield, persistent topics in GS3 Science & Technology and Environment.
Summary
The article covers three major UPSC themes: the historical and constitutional implications of the 1975 National Emergency on its 50th anniversary, the rise of Loitering Munitions in modern warfare, and the ongoing debates surrounding Climate Finance. It highlights the 44th Constitutional Amendment's safeguards against emergency misuse, the tactical shift in modern combat via kamikaze drones, and the push by developing countries for robust climate funding mechanisms like the New Collective Quantified Goal (NCQG) under the UNFCCC framework.
Key Points
- June 25 marks the 50th anniversary of the 1975 National Emergency declared under Article 352, reviving debates on constitutional safeguards and fundamental rights.
- The 44th Amendment Act introduced vital checks on emergency powers, replacing 'internal disturbance' with 'armed rebellion' and mandating written Cabinet advice.
- Loitering munitions (kamikaze drones) are reshaping modern warfare by combining drone surveillance with missile-strike capabilities for precision attacks.
- Global climate finance negotiations are heavily focused on establishing a New Collective Quantified Goal (NCQG) to fund mitigation and adaptation in developing nations.
Important Terms
44th Constitutional Amendment Act
A 1978 act that reversed Emergency-era distortions, introducing safeguards like replacing "internal disturbance" with "armed rebellion" for National Emergency and reclassifying Right to Property as a legal right.
UPSC context
GS Paper II (Polity); tests understanding of constitutional checks, balances, and evolution of civil liberties.
Article 352
Constitutional provision for declaring a National Emergency when India's security is threatened by war, external aggression, or armed rebellion; requires written cabinet advice and parliamentary approval.
UPSC context
GS Paper II (Polity); critical for topics on Emergency provisions and Center-State relations.
New Collective Quantified Goal (NCQG)
The new post-2025 climate finance target under the Paris Agreement, designed to replace the $100 billion annual goal with a more ambitious, needs-based commitment for developing nations.
UPSC context
GS Paper III (Environment/Economy); vital for climate justice debates and international environmental negotiations.
United Nations Framework Convention on Climate Change (UNFCCC)
A 1992 international treaty aimed at stabilizing greenhouse gas concentrations; it provides the overarching framework for global climate negotiations like the Paris Agreement.
UPSC context
GS Paper III (Environment); fundamental for understanding global climate governance and India's international commitments.
Global Environment Facility (GEF)
A multilateral fund established in 1991 to provide grants for environmental projects; it serves as a financial mechanism for conventions like the UNFCCC and CBD.
UPSC context
GS Paper III (Environment); important for identifying international financial mechanisms for sustainable development.
Prelims Trap
National Emergency can be declared under Article 352 on the grounds of war, external aggression, or internal disturbance.
The 44th Amendment Act (1978) replaced the vague term "internal disturbance" with "armed rebellion" to prevent the arbitrary misuse of emergency powers seen in 1975.
Static Concepts Connected
What key safeguards for National Emergency were introduced by the 44th Constitutional Amendment?
- Written Cabinet advice: The President can proclaim an emergency only after receiving a written recommendation from the Union Cabinet, not merely on the Prime Minister's advice.
- Armed rebellion: Replaced the vague ground of "internal disturbance" with "armed rebellion" for declaring an emergency under Article 352.
- Fundamental Rights protected: Articles 20 and 21 (protection in conviction, right to life and personal liberty) can no longer be suspended during a National Emergency.
- Parliamentary approval: Proclamations must be approved by Parliament within one month (reduced from two) and actively renewed every six months.
What is the New Collective Quantified Goal (NCQG) under the UNFCCC?
- Post-2025 framework: It is a post-2025 climate finance framework replacing the unmet 2009 pledge where developed nations promised $100 billion annually to developing countries.
- Needs-based financing: Aims to mobilize the actual trillions required by the Global South for climate mitigation, adaptation, and addressing loss and damage.
- Paris Agreement mandate: Established to operationalize the financial mechanism of the Paris Agreement, focusing on an equitable transition for developing economies.
Cross-Topic Patterns
Loitering Munitions + Asymmetric Warfare
Kamikaze drones bridge UAV surveillance and missile strikes. UPSC often links such disruptive dual-use tech to Internal Security vulnerabilities and border management challenges.
NCQG + Global South Sovereign Debt
Climate finance negotiations directly connect to the debt distress of developing nations, linking UNFCCC mechanisms (like NCQG) to IMF debt restructuring and Global South advocacy.
Expect a 2026 multi-statement Prelims question contrasting the 42nd and 44th Amendment emergency powers and Articles 358 vs 359.
Linked PYQs · 3
Linked PYQs · 3
- 2014PrelimsGS1
With reference to 'Global Environment Facility', which of the following statements is/are correct?
- 2023MainsGS3
The use of unmanned aerial vehicles (UAVs) by our adversaries across the borders to ferry arms/ammunitions, drugs, etc., is a serious threat to the internal security. Comment on the measures being taken to tackle this threat.
- 2025MainsGS2
Indian Constitution has conferred the amending power on the ordinary legislative institutions with a few procedural hurdles. In view of this statement, examine the procedural and substantive limitations on the amending power of the Parliament to change the Constitution.
