Declaration of emergency (Crisis and Response) – UPSC Post-Independence Notes

In times of crisis, nations often turn to the Declaration of Emergency as a pivotal tool to manage unforeseen challenges and swiftly mobilize resources. This declaration, a solemn invocation of executive authority, empowers governments to take extraordinary measures in the face of imminent threats to public safety, security, or welfare. Whether it be natural disasters, pandemics, or civil unrest, the Declaration of Emergency serves as a critical mechanism for orchestrating a coordinated response, enabling governments to deploy resources, enact temporary regulations, and implement emergency protocols to mitigate the impacts of the crisis at hand. Yet, the invocation of such powers also raises questions of governmental accountability, civil liberties, and the delicate balance between security and freedom. As societies grapple with increasingly complex and interconnected crises, the Declaration of Emergency stands as both a safeguard and a challenge to democratic governance, embodying the tension between necessity and the preservation of fundamental rights.

National Emergency (1975-1977)

The National Emergency declared in India from 1975 to 1977 was a significant period in the country’s history. Here are the key points about this event:

1. Proclamation of Emergency:
   • On June 26, 1975, President Fakhruddin Ali Ahmed, acting on the advice of Prime Minister Indira Gandhi, issued a proclamation of National Emergency under Article 352 of the Indian Constitution.
2. Background Leading to Emergency:
   • Indira Gandhi had become an influential leader after the 1967 elections. However, this period saw internal party tensions, rising corruption, economic and food crises, and conflicts with the judiciary.
   • The dominance of a single party and concerns about politics becoming too personalized led to growing dissatisfaction.
3. Socioeconomic Challenges:
   • The government struggled to address issues like unemployment, corruption, low industrial growth, and food scarcity.
   • Measures like freezing employee salaries were implemented to reduce expenditure, further adding to public discontent.
4. Judicial Setback for Indira Gandhi:
   • In 1975, Indira Gandhi faced legal troubles when the Allahabad High Court declared her election victory null and void.
   • The court also barred her from contesting any elections for the next six years, triggering a political crisis.
5. Protests and Opposition:
   • Various groups, including students, employees, farmers, and intellectuals, expressed their grievances through protests.
   • Jaya Prakash Narayan (JP) led a nationwide Satyagraha demanding Indira Gandhi’s resignation on June 25, 1975.
6. Declaration of Emergency:
   • With the country in political turmoil and mass protests gaining momentum, Indira Gandhi recommended the declaration of a state of Emergency to President Fakhruddin Ali Ahmed.
7. Authoritarian Measures:
   • During the Emergency, civil liberties were suspended, and the government assumed extraordinary powers.
   • Opposition leaders and activists were arrested, censorship was imposed on the press, and civil rights were curtailed.
8. End of Emergency and Elections:
   • The Emergency was lifted in 1977, and elections were held, marking the return of democracy.
   • Indira Gandhi’s government was voted out, and the Janata Party, a coalition of opposition parties, came to power.
9. Legacy and Criticism:
   • The period of Emergency remains a controversial chapter in Indian history, criticized for the curtailment of civil liberties and authoritarian measures.
   • It also led to a reevaluation of democratic values and the balance between individual freedoms and state security.

The National Emergency was a watershed moment in Indian politics, prompting a reexamination of democratic principles and the limits of executive authority. It serves as a reminder of the importance of safeguarding civil liberties and upholding the rule of law.

Course of Emergency (1975-1977)

The imposition of Emergency in India from 1975 to 1977 had far-reaching consequences for the nation. Here’s a detailed account of the course of events during this period:

1. Immediate Declaration of Emergency:
   • On June 26, 1975, at the advice of Prime Minister Indira Gandhi, President Fakhruddin Ali Ahmed proclaimed a state of Emergency in India.
2. Concentration of Power:
   • According to the Indian Constitution, during an Emergency, all powers are concentrated in the hands of the central government, bypassing the usual framework of co-operative federalism.
3. Suspension of Fundamental Rights:
   • The Emergency allowed the government to curtail Fundamental Rights, a move criticized for undermining democratic principles.
4. Suppression of Democratic Politics:
   • Emergency conditions were considered extraordinary, where normal democratic politics was deemed inadequate to address the challenges at hand.
5. Impact on Judiciary:
   • The judiciary faced significant constraints, with many proclamations and ordinances immunized from judicial review. This undermined the checks and balances essential to a democracy.
6. Media Censorship:
   • Indira Gandhi’s government imposed severe restrictions on the media, curtailing freedom of the press. Many newspapers complied with censorship, while a few, like The Indian Express, resisted.
7. Amendments to Laws:
   • Indira Gandhi made retrospective amendments to the Representation of the People Act and other laws. This was done in a way that left the Supreme Court with no option but to overturn the Allahabad High Court verdict against her.
8. Suppression of Opposition:
   • Numerous opposition leaders were arrested during the Emergency, stifling dissenting voices and consolidating the power of the ruling party.
9. Duration of Emergency:
   • The Emergency lasted for a period of 21 months, officially coming to an end on March 21, 1977.
10. Election and End of Emergency:

• In January 1977, Indira Gandhi called for fresh elections, which led to the end of the Emergency. The Janata Party, a coalition of opposition parties, came to power.

11. Legacy and Reflections:

• The Emergency remains a contentious period in Indian history, sparking debates about the balance between security and civil liberties. It highlighted the importance of safeguarding democratic principles even in times of crisis.

The imposition of Emergency was a pivotal event, prompting a reevaluation of democratic values and constitutional safeguards. It serves as a reminder of the need for vigilance in protecting the foundations of democracy.

Tussle with Judiciary during Emergency (1975-1977)

The period of Emergency in India (1975-1977) witnessed a strained relationship between the judiciary and the executive. Here’s a detailed account of this tussle:

1. Right to Life during Emergency:
   • One of the most contentious issues during the Emergency was the interpretation of fundamental rights, particularly the right to life. The government contended that this right could be suspended during an Emergency.
2. Supreme Court’s Controversial Ruling:
   • In a controversial decision, the Supreme Court of India ruled that during an Emergency, the right to life and personal liberty could be suspended. This ruling had significant implications for civil liberties.
3. Government’s Argument and Judiciary’s Response:
   • The government’s argument, presented by the Attorney General, claimed that actions taken by law enforcement officials, even if involving excessive force, could not be questioned during an Emergency. This included actions like shooting or arresting individuals, including Supreme Court judges.
4. Erosion of Trust in the Judiciary:
   • This ruling eroded public trust in the judiciary, as it was seen as a departure from the role of the judiciary as a check on executive power, especially in times of crisis.
5. 44th Amendment to the Constitution:
   • In response to the controversial Supreme Court ruling and to restore faith in the protection of fundamental rights, the Indian Parliament passed the 44th Amendment to the Constitution in 1978.
6. Reversing the Controversial Ruling:
   • The 44th Amendment explicitly stated that the President’s power to suspend Article 21 (Protection of Life and Personal Liberty) during an Emergency was revoked. This amendment aimed to reinstate the right to life as a non-derogable right.
7. Restoring Faith in Fundamental Rights:
   • The 44th Amendment played a crucial role in restoring faith in the protection of fundamental rights, even in extraordinary situations like an Emergency.

The controversial ruling of the Supreme Court during the Emergency period underscored the importance of a vigilant and independent judiciary, particularly in times of crisis. The subsequent constitutional amendment sought to rectify this contentious issue and reassert the primacy of fundamental rights, even in challenging circumstances.

Forced Sterilization during the Emergency (1975-1977)

During the Emergency in India (1975-1977), a controversial population control program was implemented, which involved forced sterilizations. Here are the key details:

1. Sanjay Gandhi’s Five-Point Program:
   • Sanjay Gandhi, the son of Prime Minister Indira Gandhi, introduced a five-point program during the Emergency. One of the primary focuses of this program was family planning.
2. Emphasis on Family Planning:
   • Unlike Indira Gandhi’s broader 20-point program, Sanjay Gandhi’s program placed a significant emphasis on family planning measures. It aimed to control population growth.
3. Compul-Suasion Approach:
   • The family planning measures were carried out under a policy termed “compul-suasion,” which combined elements of compulsion and persuasion. In practice, the emphasis was more on compulsion.
4. Forced Sterilizations and Insertion of IUDs:
   • Between June 25, 1975, and March 1977, an estimated 11 million men and women were subjected to sterilizations, and around 1 million women were inserted with Intrauterine Devices (IUDs).
5. Methods and Conditions:
   • Sterilizations were often carried out hastily, in assembly-line fashion, and under unhygienic conditions. Many of the individuals subjected to sterilization did not give their consent willingly.
6. Lack of Follow-Up Care:
   • After the procedures, there was a lack of adequate follow-up care, leading to subsequent infections and, in some cases, even deaths.
7. Public Outrage and Riots:
   • The forced sterilization program sparked widespread public outrage, resulting in protests and riots across the country.
8. Halt to the Campaign:
   • In response to the escalating public anger and unrest, Prime Minister Indira Gandhi eventually called for the halt of the family planning campaign in 1977.
9. Impact on 1977 General Elections:
   • The forced sterilization program is often cited as one of the significant reasons for the political backlash against the Congress Party in the 1977 general elections. Indira Gandhi’s party faced a resounding defeat in these elections.

The forced sterilization campaign during the Emergency remains a controversial and deeply troubling chapter in Indian history, symbolizing a severe violation of individual rights and autonomy. It had far-reaching political and social implications, contributing to a shift in the political landscape of the country.

Raj Narain Case and the Imposition of Emergency

The Raj Narain Case played a significant role in the political events leading up to the imposition of the Emergency in India. Here are the key details:

1. Background:
   • Raj Narain, a socialist leader, contested against Indira Gandhi in the general elections of 1971 from the Rae Bareilly parliamentary constituency in Uttar Pradesh. He alleged that Indira Gandhi had misused government resources during her election campaign.
2. Legal Challenge:
   • Following the elections, Raj Narain filed a petition in court challenging the validity of Indira Gandhi’s election on the grounds of using state machinery for her campaign.
3. Court Verdict:
   • On June 12, 1975, Justice Jagmohan Lai Sinha delivered a historic judgment. The court found Indira Gandhi guilty of misusing government resources for her election campaign. As a result, the court declared her election as ‘null and void’ and barred her from contesting any election for the next six years.
4. Consequences for Indira Gandhi:
   • Since the court ruled that Indira Gandhi’s election was invalid, she could no longer hold her position as a Member of Parliament (MP), which also meant she could not continue as the Prime Minister.
5. Stay on the Verdict:
   • Justice Sinha granted a stay on the judgment for 20 days. This allowed the Congress party, to which Indira Gandhi belonged, some time to find a successor for the post of Prime Minister.
6. Inability to Find a Successor:
   • Despite efforts, the Congress party could not identify a suitable replacement for Indira Gandhi. Her dominant position within the party made it difficult to find a successor.
7. Request for Stay of Judgment:
   • Faced with this situation, Indira Gandhi asked for a ‘complete and absolute’ stay of the court’s judgment. This would allow her to continue participating in legislative affairs in the Parliament.
8. Imposition of Emergency:
   • The court granted the stay, which led to significant opposition and protests. Buoyed by the JP Movement and facing pressure from various quarters, Indira Gandhi imposed a state of Emergency on June 26, 1975. She cited the rationale of ‘threat to internal security’ to justify the imposition.

The Raj Narain Case and its aftermath were pivotal events that eventually led to the imposition of the Emergency in India. This period marked a significant turning point in the country’s political history.

The period of Emergency in India, from June 25, 1975, to January 18, 1977, was marked by significant political and social changes. Here are some key points to consider:

Reasons for Declaration:

1. Challenge to Governance: Mrs. Gandhi claimed that she declared the Emergency in response to an extra-constitutional challenge. The government viewed the JP Movement as disruptive, posing a threat to India’s stability, security, integrity, and democracy.
2. Disruption of Governance: Prolonged agitations and protests were seen as detrimental to effective governance. The government believed that the JP Movement was causing significant disruptions in the functioning of the state.
3. External Intervention: The government also alleged that the JP Movement was being influenced and supported by external forces with the intent of weakening and destabilizing India.

Actions Taken during Emergency:

1. Suspension of Civil Liberties: The Emergency saw a suspension of civil liberties and fundamental rights, including restrictions on freedom of speech, press, and assembly. Opposition leaders and activists were arrested.
2. Censorship of Media: The press faced strict censorship, and publications critical of the government were suppressed.
3. Centralization of Power: The central government’s authority was significantly strengthened, leading to a concentration of power in the hands of the Prime Minister’s office.
4. Mass Arrests: Thousands of individuals, including political leaders, activists, and journalists, were arrested during this period.
5. Forced Sterilizations: The government implemented a controversial family planning program, which included forced sterilizations, particularly targeting the poor.
6. Control of Judiciary: The judiciary’s independence was compromised as the government sought to assert control over the appointment and transfer of judges.

Criticism and Controversies:

1. Authoritarianism: The declaration of Emergency was widely criticized for its authoritarian nature, with accusations of suppressing democratic freedoms.
2. Abuse of Power: The government’s actions during this period were criticized for being excessive and for infringing upon the rights of citizens.
3. Opposition and Resistance: Many political leaders and activists, both from within and outside the Congress, resisted the Emergency and faced repression.

End of Emergency:

1. 1977 General Elections: The Emergency came to an end in January 1977, when Mrs. Gandhi called for general elections. The Congress Party lost decisively in these elections.
2. Return to Democracy: The defeat of the Congress Party in the 1977 elections marked a return to democratic governance and the restoration of civil liberties and fundamental rights.

In summary, the period of Emergency was a contentious phase in Indian political history, characterized by a curtailment of civil liberties, a concentration of power, and allegations of authoritarianism. It was a period that generated significant debate and criticism, and its repercussions continue to be discussed and analyzed in Indian political discourse.

During the Emergency in India (from June 25, 1975, to January 18, 1977), the government took a series of measures that significantly impacted various aspects of governance and civil liberties. Here’s a summary:

1. Press Censorship: The government imposed stringent censorship on the press, effectively suppressing any opposition or protests against the government.
2. Arrest of Opposition Leaders: Many prominent opposition leaders, including Jayaprakash Narayan, Morarji Desai, Atal Bihari Vajpayee, and Chandra Shekhar Azad, were arrested under the Maintenance of Internal Security Act (MISA). This move was aimed at neutralizing key figures who opposed the government.
3. Ban on Organizations: Several organizations, including Jamaat-i-Islami, Communist Party of India (Marxist-Leninist), Rashtriya Swayamsevak Sangh (RSS), Anand Marg, among others, were banned. Additionally, many individuals with alleged criminal affiliations were also apprehended.
4. Restrictions on Parliament: The functioning of the Parliament was heavily restricted. Speeches by Members of Parliament (MPs) who opposed the emergency were not reported in the press. This hampered the effectiveness of parliamentary processes.
5. Limiting Judicial Review: The government took several measures, including passing laws, constitutional amendments, and decrees, to curtail the powers of the judiciary in reviewing and scrutinizing the executive’s actions. The 42nd Amendment to the Constitution, in particular, diminished the judiciary’s ability to exercise judicial review.
6. Economic Measures: The government also implemented economic policies during the Emergency. These included land reforms, which aimed to redistribute land from large landholders to the landless, and measures to control inflation.
7. Forced Sterilizations: The government initiated a controversial family planning program that involved forced sterilizations, targeting certain sections of the population.
8. Centralization of Power: The Emergency saw a significant concentration of power in the hands of the Prime Minister’s office, leading to centralization of authority.

These measures were implemented with the intent of consolidating power and quelling opposition. However, they were widely criticized for infringing upon civil liberties, suppressing democratic freedoms, and eroding the principles of democracy.

The Emergency period remains a contentious chapter in Indian political history, and its repercussions continue to be a subject of analysis and discussion.

During the period of the Emergency in India, there were various phases of public response:

Initial Acceptance and Support:

• Initially, a large section of the population did not immediately oppose the Emergency. Many were impressed by the government’s well-publicized measures, especially those targeted at anti-social elements and aimed at restoring public order.
• The absence of recent memory of authoritarian rule among the public also contributed to the initial acceptance.

Perceived Benefits and Improvements:

• There was a perception among some sections of society that the Emergency measures led to an improvement in administration and the economy.
• The announcement of the Twenty-Point Programme by the government, focusing on poverty alleviation and other socio-economic reforms, raised hopes among the masses.

Constitutional Legitimacy:

• Many viewed the imposition of the Emergency as a constitutional and legal measure, as it was legitimized by the courts. This contributed to its initial acceptance.

Emergence of Sanjay Gandhi:

• The emergence of Sanjay Gandhi as a parallel center of power, with his own set of influential policies and practices, including forced sterilization and slum clearance, became a significant factor in the growing unpopularity of the Emergency administration.

Growing Unpopularity and Resentment:

• As time passed, the economic benefits and improvements promised by the government failed to materialize. Rising prices, declining agricultural output, and corruption within the bureaucracy started to affect the lives of the poor and marginalized.
• The unchecked power of the police and bureaucracy led to abuses of power, especially affecting the poor.

Denial of Civil Liberties and Media Censorship:

• The denial of civil liberties and restrictions on the press began to be felt more acutely by the common people. The censorship of the press prevented the public from knowing the full extent of the challenges and abuses occurring.

Fear of Prolonged Authoritarian Rule:

• As the Emergency persisted, there was a growing fear among the public that the authoritarian structure might become permanent or continue for an extended period.

End of the Emergency:

• The sudden announcement of Lok Sabha elections by Mrs. Gandhi in January 1977, along with the lifting of press censorship and the release of political prisoners, marked the end of the Emergency on March 21, 1977.

The Emergency remains a significant and contentious period in Indian political history, reflecting the complex interplay of political, social, and economic factors.

During the period of the Emergency (1975-1977) in India, several significant political and constitutional changes were implemented:

1. Maintenance of Internal Security Act (MISA):
   • MISA, passed in 1971, led to the detention of numerous opposition leaders, including prominent figures like Jayaprakash Narayan, Morarji Desai, Atal Bihari Vajpayee, and others.
   • The infamous ADM Jabalpur case ruled that Article 21 (right to life and personal liberty) could be suspended during the declaration of an emergency.
2. Diminished Judicial Oversight:
   • Various regulations, statutes, and constitutional changes were enacted to diminish the judiciary’s ability to oversee the executive branch.
   • Amendments to MISA and the Defence of India Act, 1962 were made in July 1975, which curtailed individual liberties.
3. Constitutional Amendments:
   • The 38th to 42nd amendments were adopted during the Emergency period.
   • The 38th Amendment (1975) prohibited judicial scrutiny of declarations of emergencies, presidential or governor-issued ordinances, and laws violating fundamental rights.
   • The 39th Amendment (1975) stated that elections for Prime Minister, President, and Vice President could not be contested in court.
   • The 41st Amendment (1976) provided immunity to certain officials for actions committed before or during their periods in office.
   • The 42nd Amendment (1976) granted Parliament unrestricted authority to amend the Constitution. It also added terms like socialist, secular, and integrity to the Preamble, and outlined fundamental duties of the people.
4. Extension of Legislative Term:
   • The 42nd Amendment also extended the term of the legislature from five to six years and allowed for the postponement of elections by one year during a crisis.

Despite the controversial nature of the Emergency and the political events that transpired during that period, the eventual restoration of democratic processes, including free and fair elections, was seen as a significant achievement for Indian democracy. The years 1975-1977 were considered a critical test for Indian democracy, and the people’s participation in the electoral process demonstrated a commitment to democratic values.

FAQs

1. What is a declaration of emergency?

A: A declaration of emergency is an official proclamation made by government authorities in response to a crisis or disaster. It grants special powers and resources to manage the situation effectively.

2. When is a declaration of emergency typically issued?

A: Declarations of emergency are usually issued during natural disasters (e.g., hurricanes, floods, earthquakes), public health emergencies (e.g., pandemics), civil unrest, or other situations posing significant threats to public safety and welfare.

3. What powers does a declaration of emergency confer to authorities?

A: The declaration empowers authorities to allocate funds, mobilize resources, implement emergency measures (e.g., evacuation orders, curfews), and temporarily suspend certain laws or regulations to expedite response efforts.

4. How long does a declaration of emergency last?

A: The duration varies depending on the severity and nature of the crisis. It may last for days, weeks, or even months, until the situation is deemed under control and normalcy can be restored.

5. What role do citizens play during a declared emergency?

A: Citizens are expected to adhere to emergency directives issued by authorities, such as evacuation orders or restrictions on movement. They can also contribute by following safety guidelines, volunteering, or providing assistance to those in need, fostering a collective effort to mitigate the impact of the crisis.

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