On the 50th anniversary of the 1975 Emergency, the Indian Prime Minister paid tribute to Indians who defended democracy during a dark period in India’s history.

• June 25th is observed as Samvidhan Hatya Diwas.

About 1975 Emergency

• Date of Declaration: June 25, 1975
• Duration: The Emergency lasted for 21 months, from June 25, 1975, to March 21, 1977.
• Declared by: President Fakhruddin Ali Ahmed under Article 352, on the advice of Prime Minister Indira Gandhi.
• Reason for Declaration: Cited as a response to “internal disturbances” threatening national security. 

Key Reasons for the Emergency of 1975:

• Electoral and Legal Challenges: Indira Gandhi’s 1971 election was challenged by Raj Narain. 
  • The Allahabad High Court in State of Uttar Pradesh v. Raj Narain (1975) found her guilty of electoral malpractices, disqualifying her from Parliament and barring her from re-election for six years.
• Political Instability and Opposition Movements: Jayaprakash Narayan (JP) led a “Total Revolution” movement. 
  • Widespread student protests in Gujarat and Bihar against inflation, unemployment, and corruption created political chaos.
• External Geopolitical Factors: The Bangladesh War (1971) led to economic strain. 
  • The US aid cessation and rising global oil prices worsened India’s financial challenges.
• Economic Crisis: High inflation (23% in 1973, 30% in 1974) caused hardship.
  • Unemployment and economic stagnation contributed to public dissatisfaction.
• Judicial Conflict: The Supreme Court’s rulings in Kesavananda Bharati (1973) and Golaknath (1967) limited Parliament’s powers, especially regarding fundamental rights. 
  • Indira Gandhi saw these decisions as a threat to her political control.
• Concentration of Power: Indira Gandhi concentrated power in her hands, bypassing democratic institutions and checks. 
  • This led her to declare the Emergency to maintain authority.
• Internal Political and Social Pressure: The Janata Party and other opposition groups grew stronger. 
  • Marxist and Naxalite movements also gained influence, increasing political instability.
• Personal Power Struggle: Indira Gandhi’s authoritarian style and desire to retain power led her to view challenges as personal attacks. 
  • The failure of her Garibi Hatao campaign and increasing opposition prompted the Emergency.

Implications of National Emergency

• Suspension of Fundamental Rights: Article 19 (freedom of speech, movement, assembly, etc.) can be suspended during a National Emergency.
  • Citizens may be subject to arbitrary arrest and detention without trial, as seen during the 1975 Emergency.
  • Articles 358 and 359 were invoked.
• Increased Powers of the Executive: The Central Government gains extended powers to take decisions without the usual checks and balances.
  • The Prime Minister and Cabinet have greater control over decision-making, bypassing Parliament and state governments.
  • Emergency Provisions give the executive the ability to pass laws through ordinances.
• Suspension of Federal Structure: State Governments can lose autonomy as the Central Government assumes control over state matters.
  • President’s Rule can be imposed under Article 356 in states, bypassing elected state governments.
  • The Central Government may legislate on state subjects even if they fall under the State List.
• Power to Extend the Term of Lok Sabha: The Lok Sabha’s term can be extended beyond 5 years during an emergency, weakening the electoral process.
  • This provision prevents the mandatory dissolution of the Lok Sabha, potentially prolonging the tenure of the ruling government.
• Changes in the Judiciary’s Role: The judiciary may be limited in its power to review government actions taken during the Emergency.
  • Judicial review of Emergency actions, especially regarding fundamental rights, could be undermined, as seen in the 1975 Emergency when the Supreme Court largely deferred to the executive.

Key Features of the 1975 Emergency

• Suspension of Fundamental Rights:
  • Article 19 (Right to Freedom) was suspended.
  • In ADM Jabalpur Case (1976), SC held that the right to seek legal remedy for violations of Article 21 was suspended during the Emergency.
• Mass Arrests and Detentions: Over 35,000 people were arrested, including political leaders, activists, social workers, students, and journalists.
  • Arrests were often made under the Maintenance of Internal Security Act (MISA) without trial.
• Press Censorship: Newspapers were subjected to pre-censorship, and many were forced to submit content for government approval before publishing.
  • The Indian Express and other outlets protested by printing blank editorials.
• Forced Sterilization Campaign: A mass sterilization campaign was launched, with over 10 million sterilizations, many under coercion.
  • The program primarily targeted the poor, with many forced into undergoing vasectomies.
• Centralization of Power: Power was highly concentrated in the office of the Prime Minister.
  • The 42nd Constitutional Amendment (1976) extended the Lok Sabha term from 5 to 6 years, giving the executive more control.
• Banning of Political Organizations: Opposition parties, including the RSS and Jamaat-e-Islami, were banned.
  • Political dissent was viewed as anti-national, and leaders were arrested.

Legal Changes during the Emergency Period

• Parliamentary Legislation: 
  • 38th Constitutional Amendment Act of 1975: Passed by Parliament, it prohibited judicial review of the Emergency, limiting the judiciary’s oversight powers.
  • 39th Constitution Amendment Act: Placed the election of the President, Vice President, Prime Minister, and Speaker of the Lok Sabha beyond judicial review.
  • 42nd Constitution Amendment Act:  Introduced extensive amendment.
    • Removed the judiciary’s jurisdiction over election petitions.
    • Expanded Union authority over State subjects, centralising governance.
    • Granted Parliament unrestricted power to amend the Constitution without judicial review.
    • Protected laws implementing directive principles of state policy from judicial scrutiny.
• ADM Jabalpur vs Shivkant Shukla, 1976: 
  • Detention without Trial was made legal:  In a landmark case, the Supreme Court ruled, in a five-judge Bench decision, that detention without trial was legal during the Emergency.
  • Justice H R Khanna was the sole dissenter, opposing the majority’s verdict and upholding civil liberties.

Changes made under the 44th Constitutional Amendment Act of 1978

• National Emergency: Replaced “internal disturbance” with “armed rebellion” to limit the scope of emergency.
  • Introduced a requirement for Cabinet recommendation before proclaiming an emergency.
  • Allowed the Lok Sabha to disapprove a proclamation.
  • Article 19 automatically suspended during emergencies declared due to war or external aggression.
  • Articles 20 and 21 could not be suspended during an emergency.
• Fundamental Rights: Right to property was removed from the list of fundamental rights and made a legal right under Article 300A.
  • Articles 19(1)(f) and 31 were removed, and Article 31 was replaced by Article 300A, which prevents property deprivation except through the authority of law.
  • Article 30(1A) was added, ensuring protection for property of educational institutions established by minorities.
• Power of President: Article 74(1) was revised, allowing the President to ask the Council of Ministers to reconsider advice.
• Directive Principles of State Policy: Article 38 was added, stating the state’s responsibility to secure social order for public welfare.
• Parliament and State Legislature: The term of Lok Sabha and State Assemblies was restored to five years through amendments to Articles 83 and 172.
  • Article 361A was added, ensuring immunity for journalists publishing truthful reports of legislative proceedings.
• Judiciary: Restored certain powers to the Supreme Court and high courts, including judicial review over the elections of President, Governors, and the Lok Sabha Speaker.
• Restraint on Parliament’s Power: Introduced limits on the extension of emergency proclamations under Article 356 beyond one year.
• Parliamentary Privileges: Articles 103 and 192 were amended to base disqualification decisions on the Election Commission’s opinion.

Key Lessons from the 1975 Emergency 

• Importance of Constitutional Safeguards and Civil Liberties: The Emergency showed the importance of preserving constitutional rights. Fundamental rights like freedom of speech and right to liberty were suspended.
  • Fundamental rights must be protected, even in crises.
• Judicial Independence and Accountability: The Supreme Court upheld government actions during the Emergency, failing to protect civil liberties.
  • An independent judiciary is key to checking executive power and protecting the rule of law.
• Centralization of Power: The Emergency led to the concentration of power in the Prime Minister’s office.
  • Power should be decentralized. Checks and balances are crucial.
• Protection of Press Freedom: Media censorship during the Emergency stifled public debate.
  • Free and independent media is essential for holding the government accountable.
• Electoral Reforms and Political Freedom: Elections were suspended and opposition voices were suppressed.
  • Fair elections and political freedom are critical for democracy.
• Vigilance Against Authoritarianism: The Emergency showed how authoritarianism can emerge under the guise of national security.
  • Vigilance is needed to protect democracy from authoritarianism.
• Public Participation and Resistance: The Janata Government’s victory showed the power of public participation.
  • Active engagement and resistance are vital for preserving democracy.

About Emergency

• An emergency is defined as “circumstances arising suddenly that calls for immediate action by the public authorities under the powers granted to them.”

Emergencies in the Indian Constitution: The Indian Constitution provides for three types of emergencies. These emergencies are meant to safeguard the country’s sovereignty, integrity, and democratic functioning in times of crises.

• National Emergency (Article 352)
  • Conditions for Declaration:
    • A National Emergency can be declared if there is a threat to national security due to war, external aggression, or internal disturbance.
    • The term “internal disturbance” was changed to “armed rebellion” by the 44th Amendment (1978).
  • Process: The President issues a proclamation of emergency on advice of the cabinet, which must be approved by both Houses of Parliament within one month by special majority.
  • Impact:
    • Fundamental Rights: Suspends fundamental rights (except Article 20 and 21).
      • Empowers the Central Government to take extreme actions.
      • Under Article 19, freedoms like speech, assembly, and movement can be suspended.
    • The Executive gains more power, while the Judiciary’s review is limited.
    • Parliament’s term can be extended beyond 5 years.
    • States may lose their autonomy, as the Central Government can assume control over state matters.
  • Historical Example: The Emergency of 1975 was declared under this article, citing internal disturbance as the cause, allowing Indira Gandhi to centralize power and suspend civil liberties.
• State Emergency / President’s Rule (Article 356)
  • Conditions for Declaration: President’s Rule can be imposed in a state if the President believes that the government in the state cannot function according to constitutional provisions.
  • Process: The President can invoke Article 356 to impose President’s Rule, typically based on the advice of the Governor of the state; approved by both Houses of Parliament within two months.
  • Impact:
    • The Governor takes over the functions of the State Government, and the Central Government assumes control over the state.
    • The Legislature of the state can be dissolved or suspended.
    • The Central Government can legislate on matters typically handled by the state.
  • Historical Examples: President’s Rule has been imposed in states like Uttar Pradesh, Kashmir, and Punjab under different circumstances where governments failed to maintain order or constitutional functioning.
• Financial Emergency (Article 360)
  • Conditions for Declaration: A Financial Emergency can be declared if the President believes that the financial stability or credit of the country or any part of it is threatened.
    • This emergency allows the Central Government to take steps to ensure financial stability.
  • Process: The President can declare a Financial Emergency if there is a threat to the country’s financial stability; approved by both Houses of Parliament within two months.
  • Impact:
    • The Central Government can issue directions to states regarding financial matters.
    • The President can reduce the salaries and allowances of individuals holding public office, including those of the judiciary and members of Parliament.
  • Historical Example: A Financial Emergency has never been declared in India.

Revocation of Proclamation of National Emergency

• Revoked by the President: A proclamation of emergency may be revoked by the President at any time by a subsequent proclamation. 
  • Such a proclamation does not require parliamentary approval. 
• Lok Sabha Passes Resolution: Further, the President must revoke a proclamation if the Lok Sabha passes a resolution disapproving its continuation. This safeguard was introduced by the 44th Amendment Act of 1978. 
  • 44th Amendment Act of 1978:  Where one-tenth of the total number of members of the Lok Sabha give a written notice to the Speaker (or to the president if the House is not in session), a special sitting of the House should be held within 14 days for the purpose of considering a resolution disapproving the continuation of the proclamation.
  • Requirements: A resolution of disapproval is required to be passed by the Lok Sabha only and  is to be adopted by a simple majority only.

Way Forward: Safeguarding Democracy and Strengthening the Constitution

• Electoral and Political Reforms: Ensure electoral transparency by implementing reforms that prevent electoral manipulation and ensure free and fair elections.
  • Strengthen political party accountability, ensuring that parties operate in a democratic and transparent manner.
• Strengthening the Role of Media: Media independence should be safeguarded against political or corporate pressures.
  • Regulate media concentration to ensure diverse voices in the public sphere, keeping the media as an effective check on government power.
• Fostering Institutional Accountability: Create stronger accountability systems for government institutions, ensuring they serve the public interest.
  • Ensure public scrutiny of executive actions, particularly during times of crisis or emergency, through transparency mechanisms.
• Civic Engagement and Public Vigilance: Promote active public engagement in democratic processes through education on constitutional rights and the role of institutions.
  • Encourage vigilance from civil society to safeguard democratic norms and prevent any drift toward authoritarianism.
• Learning from the Past: Incorporate lessons from the Emergency period into educational curricula to ensure public awareness of the importance of democratic rights and the abuse of power.
  • Regular legal and constitutional education campaigns can empower citizens to understand and protect their rights.

Conclusion

The 1975 Emergency serves as a stark reminder of the fragility of democracy, underscoring the need for robust constitutional safeguards, institutional independence, and vigilant citizenry to prevent authoritarianism. Its lessons remain critical for strengthening India’s democratic fabric today.

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