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This survey will concentrate on the various constitutional provlSlons for proclamations of emergency in Malaysia and India, with a few references to emergency situations in other parts of the Commonwealth.2 Generalisations regarding the diverse jurisdictions to be found within the Commonwealth are always suspect, and rightly so. However, the Constitutions of Malaysia and India display a sufficient number of common characteristics that render a comparison between them worthwhile. The written constitutions of the New Commonwealth states3 display, on paper, a considerable distrust of the Executive. This is not surprising in the context of colonial history, but it also acknowledges the tensions, ethnic, racial and political, present in these states. Accordingly, provision was made for drastic powers to be invoked should these tensions boil over. At the same time there was an attempt to limit abuse of power through awritten constitution and provisions for a bi-cameral

Drastic Solutions: A Comparative Study of Emergency Powers in the Commonwealth