Model Answer stating the Case for Emergency Powers
India is at war in Kashmir; defeating Muslim terrorists supported by Pakistan requires extreme military measures. India's Constitution allows for President's rule and the suspension of civil liberties when preventive detention is needed to cope with such emergencies. That strategy worked in Punjab; Sikh extremists have been controlled, though not yet eliminated. The government must not prematurely abandon the extreme methods required for victory in Kashmir. As a sovereign nation, India does not need to give notice or seek UN permission to maintain its territorial integrity. Nor should the government give aid and comfort to the enemy with a formal international acknowledgment that a state of insurrection exists.
Special forces subject to assassination by terrorists need assurance that their brave efforts will not be challenged by insurgents in courts unsympathetic to the grave dangers of counterinsurgency. The threat in Kashmir remains so grave that national security requires the full range of emergency measures. Existing laws do allow for prosecution of military officers if the central government approves. Any acquiescence to international legal authority in Kashmir could lead down a slippery slope toward a UN conducted self determination referendum for independence.
The people of India have a collective human right to self determination that includes power to make laws without submitting to dictates from abroad. Terrorist's rights come after the human rights of innocent individuals killed by terrorism. Fundamental freedoms must be secured by strong government action against violent extremists who threaten public order. A 1992 bombing in Bombay killed 300, injured 1,000, and sparked anti-Muslim rioting that took many innocent lives. The cost in lost lives and liberty is far less when the state has adequate means for preventive action.
Our most significant political challengers in the Bharatiya Janata Party (BJP) will attack Congress as soft if we repeal vital security laws. Further catering to the demands of a Muslim minority and international pressure would weaken us against Hindu nationalists in the BJP and Shiv Sena. Congress has already let key provisions of TADA lapse, and that should satisfy the state officials and Muslim Ministers. Congress' prospects for reelection now depend on Hindu support that requires a display of strength to defend India's territorial integrity against Pakistan supported Sikh and Muslim separatists.
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