The 50th year of the imposition of Emergency in India marks a significant milestone in the country’s history. The Emergency, declared on June 25, 1975, by then Prime Minister Indira Gandhi, was a period of intense political turmoil and strict governmental control. Civil liberties were suspended, opposition leaders were jailed, and the press was censored. Reflecting on this event fifty years later, it’s crucial to remember and learn from this challenging chapter in India’s democratic journey. The anniversary serves as a reminder of the importance of safeguarding democratic values, ensuring freedom of speech, and protecting citizens’ rights.
Tags: GS-2, Polity & Governance- Emergency Provisions – Judiciary
Why in the news?
- India marked the fiftieth anniversary of the imposition of Emergency, declared by then-PM Indira Gandhi on June 25, 1975.
- Which lasted for 21 months, leaving a profound impact on Indian politics with its suspension of civil liberties, curtailment of press freedom, mass arrests, cancellation of elections, and rule by decree.
What is an emergency?
- An emergency refers to legal provisions within a country’s constitution or laws that empower the government to swiftly and effectively address extraordinary situations jeopardising national stability, security, sovereignty, or democracy.
- In India, these provisions are enshrined in Articles 352 to 360 under Part XVIII of the Constitution.
- These constitutional measures draw inspiration from Germany’s Weimar Constitution, enabling the government to respond to crises such as war, rebellion, or other threats to the nation’s well-being.
About the National Emergency (Article 352):
- Under Article 352 of the Indian Constitution, the President can declare a National Emergency if satisfied that the security of the country or any part thereof is threatened by war, external aggression (External Emergency), or armed rebellion (Internal Emergency).
- The term ‘armed rebellion’ replaced ‘internal disturbance’ through the 44th amendment.
- Powers Granted:
- The declaration allows the government to suspend fundamental rights (except Articles 20 and 21) to address the crisis effectively.
- Duration and Parliamentary Approval:
- The proclamation of emergency must be approved by both houses of Parliament within one month.
- If issued when the Lok Sabha is dissolved, it remains valid until 30 days from the first sitting of the Lok Sabha after reconstitution, provided the Rajya Sabha has approved it.
- The Emergency lasts initially for 6 months and can be extended indefinitely with Parliament’s approval every six months, requiring a special majority.
- Revocation:
- The President can revoke the Emergency at any time by a subsequent proclamation without parliamentary approval.
- It must be revoked if the Lok Sabha passes a resolution disapproving its continuation by a simple majority.
- Applicability:
- A National Emergency can apply to the entire country or specific parts.
- The 42nd Constitutional Amendment Act (1976) allowed the President to limit its operation to certain regions.
- Judicial Review:
- The 38th Constitutional Amendment Act (1975) made the declaration immune to judicial review.
- The 44th Constitutional Amendment Act (1978) repealed this provision, restoring the judiciary’s authority to review National Emergency declarations.
- Minerva Mills Case (1980): The Supreme Court ruled that a National Emergency proclamation can be challenged in court if based on malafide intent or irrelevant facts
| Some of many Examples of Imposition of President Rule: Maharashtra (2019): It was imposed for a short period following political uncertainty after the assembly elections, but a new government was formed within a week. Uttarakhand (2020): It was imposed for a similar short duration due to a political crisis involving a floor test in the assembly. Uttar Pradesh (1991-1992): Imposed following the assassination of then Prime Minister Rajiv Gandhi and subsequent political instability. Punjab (1987-1992): Imposed due to heightened militancy and internal disturbances. |
Political and Social Circumstances in India Leading up to the Emergency:
- January 1966: Indira Gandhi is elected Prime Minister.
- November 1969: The Congress party splits after Gandhi is expelled for violating party discipline.
- 1973-75: Surge in political unrest and demonstrations against the Indira Gandhi-led government.
- 1971: Political opponent Raj Narain lodges a complaint of electoral fraud against Indira Gandhi.
- June 12, 1975: Allahabad High Court finds Gandhi guilty of discrepancies in her electoral campaign.
- June 24, 1975: Supreme Court grants a conditional stay on the Allahabad HC verdict, declaring Gandhi’s election to the Lok Sabha null and void. The SC also asks Gandhi to stay away from parliamentary proceedings.
- June 25, 1975: Declaration of Emergency by President Fakhruddin Ali Ahmed on the advice of Indira Gandhi. According to the government’s press note, certain persons were inciting the police and armed forces to not discharge their duties.
- June 26, 1975: Indira Gandhi addresses the nation on All India Radio.
End of Emergency and Afterwards:
- January 18, 1977: Indira Gandhi calls for fresh elections and releases all political prisoners.
- March 1977: The elections lead to a comprehensive defeat for Indira Gandhi, and Morarji Desai becomes India’s first non-Congress (Janata Party) Prime Minister.
- March 23, 1977: Emergency officially ends.
- The Shah Commission, constituted by the Janata government, finds the decision to impose Emergency to be unilateral and adversely affecting civil liberties.
What Happened During the Emergency?
- Suspension of civil liberties:
- Almost all opposition leaders (including JP) are detained, and about 36,000 people are imprisoned under the Maintenance of Internal Security Act (MISA).
- Newspapers are subjected to pre-censorship. In September 1976, Sanjay Gandhi initiated a mass forced sterilisation program in Delhi.
- Legal changes pushed through by Parliament:
- With the opposition in jail, Parliament passes the Constitution (38th Amendment) Act that bars judicial review of the Emergency.
- The Constitution (39th Amendment) Act says that the election of the Prime Minister cannot be challenged in the Supreme Court.
- The Constitution (42nd Amendment) Act makes changes to a range of laws, including taking away the judiciary’s right to hear election petitions, widening the authority of the Union to encroach on State subjects, and making any law passed by Parliament to implement any or all directive principles of state policy immune to judicial review.
- Changes pushed through by the Courts:
- In the famous case of ADM Jabalpur vs Shivkant Shukla (1976), the SC rules that detention without trial is legal during an emergency.
What were the Impacts of Imposing National Emergency in 1975?
- Constitutional Changes:
- Constitution (39th Amendment) Act, 1975:
- Enacted in response to the Allahabad High Court’s ruling declaring Prime Minister Indira Gandhi’s election void.
- Placed disputes involving the President, Vice President, Prime Minister, and Speaker beyond the judiciary’s scope.
- Added certain Central Acts to the Ninth Schedule.
- Constitution (42nd Amendment) Act, 1976:
- Significantly increased the central government’s authority and the Prime Minister’s office by:
- Allowing deployment of forces in states and overriding state laws during emergencies.
- Limiting judicial review of laws and amendments, reducing their accountability.
- Extending the terms of Parliament and state assemblies.
- Allowing laws to override fundamental rights in cases of activities deemed anti-national.
- Significantly increased the central government’s authority and the Prime Minister’s office by:
- Constitution (44th Amendment) Act, 1978:
- Aimed to rectify the imbalances created by the 42nd Amendment.
- Restored the primacy of fundamental rights by:
- Limiting the suspension of rights: Article 21, protecting the right to life and liberty, could not be suspended during any emergency.
- Reinforcing judicial review: Strengthening the Supreme Court’s power to review presidential proclamations of emergency.
- Requiring the President to act on the written recommendation of the cabinet before declaring a national emergency under Article 352.
- Constitution (39th Amendment) Act, 1975:
- Emergency Acted as a Vaccine Against Dictatorship:
- The period of emergency from 1975 to 1977 underscored the importance of democracy and highlighted the dangers of unchecked executive authority.
- This recognition has spurred efforts to strengthen democratic systems by imposing constraints on the Prime Minister’s powers during crises.
- Emergency Undermined Democratic Integrity:
- The emergency period saw severe curtailment of civil liberties under acts like the Maintenance of Internal Security Act (MISA) and Defence of India Rules (DIR).
- This exposed vulnerabilities in democratic institutions and fostered scepticism about leadership.
- Vocalism About Rights:
- Strict media control during the emergency stifled dissent, leading to the emergence of grassroots movements and underground press advocating for human rights.
- Examples include the Navnirman Andolan in Gujarat, the Jayaprakash Narayan Movement in Bihar, and the George Fernandes-led Railway Strike.
- Evolving Role of Judicial Activism:
- The emergency period highlighted shifts in judicial activism, with the ADM Jabalpur case initially upholding the suspension of fundamental rights, sparking criticism.
- Subsequent rulings, like those in habeas corpus petitions and the Maneka Gandhi case, reaffirmed a commitment to protect fundamental rights and bolstered judicial review in India.
- Changes in Political Parties’ Attitude:
- The emergency united opposition parties that had been previously divided, emphasising the importance of a robust opposition in a democracy.
- It also made political parties cautious about resorting to similar measures in the future, valuing democratic processes and constitutional norms.
How did the Emergency Change Indian Politics?
- Dented the Congress’ reputation: A party that led the struggle for civil liberties against the colonial state.
- First non-Congress government: The Janata experiment gives India its first non-Congress government, but its collapse also demonstrates the limits of anti-Congressism.
- Emergence of young leaders: The Emergency gives India a crop of young leaders (Lalu Prasad Yadav, George Fernandes, Arun Jaitley, Ram Vilas Paswan, etc.) who dominate politics for decades to come.
- Coming together of the social forces: This results in an increase in the representation of OBCs in Parliament. As a result, the Janata government appoints the Mandal Commission to look into OBC quotas, which goes on to make the rise of the OBCs in North India irreversible.
- Emergency as a part of political vocabulary: Every perceived act of high-handedness by a government is attributed to an “Emergency mindset.”
| UPSC Civil Services Examination, Previous Year Question (PYQ) Prelims Q:1 Which of the following is/are the exclusive power(s) of Lok Sabha?(2022) 1. To ratify the declaration of Emergency 2. To pass a motion of no-confidence against the Council of Ministers 3. To impeach the President of India Select the correct answer using the code given below: (a) 1 and 2 (b) 2 only (c) 1 and 3 (d) 3 only Ans: (b) Q:2 With reference to the constitution of India, prohibition or limitations or provisions contained in ordinary laws cannot act as prohibitions or limitations on the constitutional powers under Article 142. It could mean which one of the following?(2019) (a) The decisions taken by the Election Commision of India while discharging its duties can not be challenged in any court of law. (b) The Supreme Court of India is not constrained in the exercise of its powers by laws made by the parliament. (c) In the event of grave financial crises in the country, the President of India can declare a Financial Emergency without the counsel from the cabinet. (d) State Legislatures can not make laws on certain matters without the concurrence of the Union legislature. Ans: (b) Q:3 If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then(2018) (a) the Assembly of the State is automatically dissolved. (b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament. (c) Article 19 is suspended in that State. (d) the President can make laws relating to that State. Ans: (b) Mains Q:1 Under what circumstances can the Financial Emergency be proclaimed by the President of India? What consequences follow when such a declaration remains in force? (2018) |
Source: IE
FAQs
Q: What was the Emergency in India?
A: The Emergency in India was a period from June 25, 1975, to March 21, 1977, when the government, led by Prime Minister Indira Gandhi, suspended civil liberties, censored the press, and jailed political opponents. It was a time of strict government control and suppression of dissent.
Q: Why was the Emergency imposed?
A: The Emergency was imposed by Indira Gandhi due to political instability and a growing movement against her leadership. She cited internal disturbances and the need to maintain law and order as reasons for the Emergency, though many believe it was to maintain her power.
Q: What happened during the Emergency?
A: During the Emergency, thousands of political leaders and activists were arrested, media outlets were heavily censored, and many civil rights were suspended. The government implemented controversial policies, and there was widespread fear and repression.
Q: Why is the 50th anniversary of the Emergency significant?
A: The 50th anniversary is significant because it allows people to reflect on a crucial period in India’s history. It serves as a reminder of the importance of democracy, civil liberties, and the need to protect citizens’ rights from government overreach.
Q: How is the 50th anniversary of the Emergency being commemorated?
A: The 50th anniversary is being marked by discussions, documentaries, articles, and events that revisit the period’s history. It is an opportunity for people to learn about the Emergency, understand its impact, and appreciate the value of democratic principles and freedoms.
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