50 Years of Emergency: An Analysis

Reference

On 25 June 1975, the then Prime Minister of India, Indira Gandhi, declared Emergency in India without the written consent of the Cabinet. The next 21 months witnessed draconian measures like suspension of civil liberties, curbing freedom of the press, mass arrests, postponement of elections and rule by decree.

Historical Background

• In the early 1970s, social and political instability was increasing in India. Corruption, economic crisis and social discontent created imbalance in the country.
• In the year 1974, Navnirman Movement in Gujarat and student movement in Bihar highlighted the discontent against the government.
• The ‘Total Revolution’ movement started under the leadership of Jayaprakash Narayan became a mass movement against corruption and bad governance.
• The railway employees' strike (1974) led by George Fernandes paralysed the Indian Railways for three weeks, weakening the government's position.
• On June 12, 1975, while hearing a petition filed by Raj Narain, Justice Jagmohanlal Sinha of the Allahabad High Court held Indira Gandhi guilty of electoral malpractice and annulled her election from Rae Bareilly.
• The Supreme Court, however, granted partial relief in the case but she could not vote in Parliament. 

About the 1975 Emergency incident

• Declaration date: 25 June 1975
• Duration: 21 months (25 June 1975 – 21 March 1977)
• Declaration: By President Fakhruddin Ali Ahmed on the advice of Prime Minister Indira Gandhi
• Constitutional basis: On the ground of ‘internal disturbance’ under Article 352

Changes during the Emergency

• Suspension of civil liberties: Article 19 (right to freedom) was suspended, thereby curbing freedom of speech and freedom of the press.
• Mass arrests: About 36,000 people, including opposition leaders like Jayaprakash Narayan, Morarji Desai, LK Advani were jailed under the Maintenance of Internal Security Act (MISA).
• Press censorship: Pre-amendment was imposed on newspapers. UNI and PTI A government-controlled news agency 'Samachaar' was created by merging them.
• Change in federal structure: The Emergency changed the federal structure of India into a unitary structure as the Centre got the power to give directions to the state governments.

Constitutional amendments and changes

• 38th and 39th Constitutional Amendments: The 38th Amendment prohibited judicial review of the declaration of emergency, while the 39th Amendment took the election of the President, Vice-President, Prime Minister and Speaker out of the jurisdiction of the courts.
• 42nd Constitutional Amendment: This amendment is also called the 'Mini Constitution'. It gave unlimited power of constitutional amendment to the Parliament, limited judicial review and gave the Centre the right to make laws on subjects in the State List.
• 44th Constitutional Amendment (Post-Emergency): In the year 1977, the Janata Party government reversed many provisions of the 42nd Amendment. 
  • It again made judicial review of the proclamation of emergency possible and removed ‘internal disturbance’ from the grounds of emergency, which was now restricted only to ‘armed rebellion’.

Effects of Emergency

• Effects on democracy: The emergency exposed the weaknesses of Indian democracy but it also underlined the need for an independent judiciary, press and an active civil society.
• Rise of Janata Party: After the emergency, the Janata Party came to power in 1977 and for the first time a non-Congress government came to power. Morarji Desai became the first non-Congress Prime Minister of India.
• Shah Commission: The Shah Commission constituted by the Janata government condemned the unilateral declaration of emergency and its adverse effects on civil liberties.
• Changes in the federal structure: After the emergency, power was decentralised and coalition governments emerged.

Conclusion

The Emergency of 1975 exposed the weaknesses of democratic institutions but also underlined the important role of an independent judiciary, press and civil society. The 44th Constitutional Amendment made the declaration of emergency in future more difficult and rational, thereby strengthening constitutional safeguards to protect democracy. The incident teaches that accountability, rule of law and human rights are essential to sustain democracy.