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This year marks the beginning of the 50th year since the imposition of Emergency on June 25, 1975. The emergency imposed in the year 1975 is considered to be the darkest chapter in the democratic history of India. The period of emergency serves as a reminder of the need to protect the rights and freedoms of individuals.
What are the constitutional provisions behind the imposition of Emergency?
The emergency provisions are contained in Part XVIII of the Constitution of India, from Article 352 to 360. These provisions enable the Central government to meet any abnormal situation effectively.
The Constitution stipulates three types of emergencies-
1. National Emergency
2. Constitutional Emergency
3. Financial Emergency
The state of national emergency had been imposed thrice since Independence-
1. During the wars with China in 1962
2. During the war with Pakistan in 1971
3. Emergency imposed in 1975.
It was the imposition of National Emergency by Indira Gandhi in 1975, that is considered to be the most infamous in the annals of our democracy. ‘Internal disturbances‘ was cited as a major reason by President Fakhruddin Ali Ahmed to impose the Emergency under Article 352 of the Constitution.
Important constitutional amendments enacted during Emergency
38th Amendment Act, 1975 made the President’s declaration of Emergency non-justiciable. The amendment barred judicial review of proclamations of emergency made by the President, whether to meet external, internal, or financial threats (under Article 360). The amendment codified and enlarged the state’s power to remove fundamental rights from citizens during states of emergency
42nd Amendment Act, 1976 was the most significant amendment enacted during the Emergency imposed by Indira Gandhi. It attempted to reduce the power of the Supreme Court and High Courts to pronounce upon the constitutional validity of laws. It gave Parliament unrestrained power to amend any parts of the Constitution, without judicial review. After the Janata Party came to power in 1977, they brought the 43rd and 44th Amendments to partially restore the pre-Emergency position
What is the rationale behind imposition of emergency in India? What are the famous Supreme Court judgements regarding emergency in India?
The rationale behind the incorporation of emergency provisions in the Indian Constitution is to
a. safeguard the sovereignty, unity, integrity and security of the country
b. The democratic political system and the Constitution itself
Article 356 (constitutional emergency) was introduced to ensure safety against extreme emergencies and protect legislative processes.
Article 360 (Financial emergency) was added Dr B.R Ambedkar to cushion the country’s drastically falling financial position and foreign currency reserves.
Supreme Court judgements on emergency
| Minerva Mills Ltd. vs Union of India (1980) | The Supreme Court held that the power of judicial review cannot be suspended even during an emergency. The basic structure of the Constitution, including the power of judicial review, cannot be abrogated. |
| S.R. Bommai vs Union of India (1994) | The Supreme Court held that the imposition of President’s Rule under Article 356 is subject to judicial review. The Court laid down guidelines and limitations on the use of Article 356. |
| Bhut Nath Mete vs State of West Bengal (1974) | The Court held that the suspension of fundamental rights under Article 359 does not mean that all legal remedies are barred. Writs can still be filed on grounds of non-compliance with statutory provisions. |
These judgments highlight the Supreme Court’s evolving stance on balancing the need for strong central authority during emergencies with the protection of individual rights and the rule of law. The Court has sought to limit the misuse of emergency powers while upholding their constitutional validity.
What reasons were given by the government for the imposition of emergency of 1975?
1. Economic crisis- There was a prevailing situation of economic crisis like high unemployment, sluggish industrial growth, rising prices of essential commodities, and a general environment of discontent among the people. This was translating into major disenchantment with the government.
2. Student unrest in Gujarat and Bihar- Agitations against rising prices and corruption was started by the students in Gujarat in 1974. The unrest and protest subsequently spread to Bihar. The defeat of the Congress party in Gujarat was an alarm for the government regarding its unpopularity.
3. JP movement- The JP movement, led by Jayaprakash Narayan, gained national appeal and demanded the dismissal of the Congress government in Bihar. It was supported by opposition parties like the Jana Sangh and Bhartiya Lok Dal. This movement galvanised the masses against the regime which was becoming unpopular.
4. Railway strike- The railway employees strike led by George Fernandes in 1974, paralyzed the nation. The strike demanded better service conditions and raised workers’ rights issues.
5. Conflict with the judiciary- There was a persistent conflict between the government and judiciary over fundamental rights, the basic structure of the Constitution, and the appointment of the Chief Justice. This languishing conflict between govt and judiciary led to a stalemate.
6. Lack of Internal Democracy- Concentration of power in the hands of one leader, lack of respect for democratic functioning, a culture of sycophancy, corruption in the vital organs of the state also pushed the country towards emergency.
7. Allahabad High Court verdict- The judgment of the Allahabad High Court on June 12, 1975, nullified the election to the Lok Sabha of the then Prime Minister in 1971 on the grounds of abusing official machinery for electoral gains. This judgment served as the final straw and Emergency was proclaimed two weeks later.
What was the effect of the imposition of emergency of 1975?
The imposition of the Emergency by Indira Gandhi in 1975 had significant and far-reaching effects on India. Some of the effect are mentioned below-
1. Suspension of civil liberties- The Emergency allowed the government to suspend fundamental rights enshrined in the Constitution, such as the rights to freedom of speech, assembly, and movement. This led to a brutal crackdown on political opposition and dissent.
2. Arrest of opposition leaders- Prominent opposition leaders like Jayaprakash Narayan, Morarji Desai, Atal Bihari Vajpayee, and L.K. Advani were arrested and jailed under draconian laws like the Maintenance of Internal Security Act (MISA). According to some estimates, over 100,000 people were arrested during the Emergency.
3. Censorship of the media- The media was heavily censored, with the government clearing all news reports before publication. This led to a complete breakdown of press freedom. For ex- The Indian Express publishing a blank editorial in protest.
4. Constitutional amendments curtailing powers of judiciary- The 38th and the 42nd Amendment were passed. These reduced the power of the judiciary to review constitutional validity of laws. It also expanded the powers of the central government at the expense of states.
5. Forced sterilization program- The government launched a coercive family planning program that involved forced mass sterilizations, leading to widespread public resentment.
6. Economic impact- The strikes, protests, and political instability during the Emergency severely damaged the Indian economy. This led to high inflation, slow growth, and a decline in living standards.
7. Political backlash- The excesses of the Emergency led to a massive public backlash, resulting in the Congress party’s defeat in the 1977 elections. This marked the first time the ruling party had lost power since independence.
What are the judgements and the reports that have criticized emergency in India?
Several key judgments and commissions have criticized the imposition of Emergency in India by Indira Gandhi in 1975.
| ADM Jabalpur v. Shivkant Shukla (1976) | This controversial Supreme Court judgment during the Emergency, by a 4:1 majority, upheld the government’s position that the right to life and personal liberty could be suspended during an Emergency. The sole dissenting judge was Justice H.R. Khanna, who was later superseded for the position of Chief Justice. The judgment was widely criticized for reducing the importance of fundamental rights. |
| Puttaswamy v. Union of India (2017) | In this landmark judgment, a 9-judge bench of the Supreme Court unanimously overruled the ADM Jabalpur judgment. The court ruled that the right to life and personal liberty is an inalienable human right that existed even before the Constitution, and cannot be suspended even during an Emergency |
Shah Commission Report (1978)- The Shah Commission, headed by Justice J.C. Shah, was set up after the Emergency to inquire into “excesses” committed during that period. The commission’s report was highly critical of the government’s actions, including the mass arrest of opposition leaders, censorship of the media, and the forced sterilization program.
What lessons can be drawn from the emergency which will ensure thriving democracy in India?
1. Avoiding despotism- Our Constitution mandates democratic governance based on people’s participation, wider consultations and consensus, conformity with the spirit and provisions of the Constitution and compliance with the laws made by the legislature. Despotism has no place in democracy. An elected ruler must rule within the constitutional framework, avoiding personal interest and aggrandisement.
2. Avoid conflict with Judiciary- The executive must not conflict with judiciary. The judgements must be interpreted by the executive from a larger lens. Judgement like the Golaknath, Kesavananda Bharati and Allahabad High Court judgment were viewed from a narrow prismatic lens by the executive.
3. Protecting the fundamental rights of the people- The govt must value and protect the fundamental right to freedom of speech, right to life. Any infringement on fundamental rights guaranteed by the Constitution, is fiercely contested by the people of India through their ballot verdict.
4. Greater Responsibility of Media and civil society- It was famously remarked by L.K.Advani about the media in the period of emergency- You were asked only to bend, yet you crawled. Hence the civil society and media must play a more responsible role to avoid another emergency in future.
| Read More- The Indian Express UPSC Syllabus- GS 1- Post Independence History |
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