50th anniversary of the Emergency

Syllabus: Post-Independence India

Source: IE

Context: On June 25, India marked the 50th anniversary of the Emergency, a 21-month period from 1975 to 1977, during which Prime Minister Indira Gandhi suspended civil liberties, curtailed press freedom, made mass arrests, cancelled elections, and ruled by decree.

What is an “Emergency”?

An Emergency refers to legal measures in a country’s constitution or laws that enable swift government response to crises like war or rebellion threatening national stability, security, or sovereignty.

Provisions in Constitution: These are outlined in Articles 352 to 360 under Part XVIII of the Indian Constitution, drawing inspiration from Germany’s Weimar Constitution.

What was a National Emergency?

Emergency in India was a period of 21 months from 1975 to 1977 declared by the then Prime Minister Mrs Indira Gandhi and officially issued by President Fakhruddin Ali Ahmed under Article 352 of the Constitution of India because of the prevailing “internal disturbances”.

This gave the Prime Minister the authority to Rule by decree leading to the suspension of elections and curbing of civil liberties.

National Emergency has been proclaimed three times in India:

• Indo-China War (1962): Declared due to “external aggression” during the Sino-Indian War.

• Indo-Pak War (1971): Imposed on the grounds of “external aggression” during the Indo-Pakistani War.

• (1975-1977): The third and most controversial national emergency was declared due to “internal disturbance” amidst internal political unrest, significantly suspending civil liberties.

Reasons for declaration of Emergency in 1975:

• Internal Disturbances: Growing political dissent and protests against Prime Minister Indira Gandhi’s government created significant internal instability. Eg: Nationwide protests and movements such as Jayaprakash Narayan’s Sampoorna Kranti or “Total Revolution”.

• Electoral Malpractice Allegations: The Allahabad High Court found Indira Gandhi guilty of electoral malpractices and invalidated her 1971 election victory in the Indira Gandhi vs Raj Narain case.

• Economic Challenges: The country faced severe economic issues, including high inflation, food shortages, and labor strikes. Eg: Strikes and protests by labor unions, such as the railway workers’ strike of 1974. Also, post-liberation war hardship persisted along with a national emergency already in place.

• National Security Threats: Indira Gandhi’s government argued that there were threats to national security from both internal and external sources. Eg: Threats from the Cold war and post-liberation war tensions.

It was criticized as the darkest phase of post-independent India:

• Suspension of Civil Liberties: Fundamental rights, including freedom of speech and expression, were suspended.

• Arbitrary Arrests and Detentions: Thousands of opposition leaders, activists, and dissidents were detained without trial. Eg: Key political figures such as Jayaprakash Narayan and Morarji Desai were imprisoned under the Maintenance of Internal Security Act (MISA).

• Human Rights Violations: The Emergency witnessed a disregard for human rights. Eg: The mass sterilization program, targeting low-income populations, was coercive and unethical.

• Centralization of Power: The 38th and the 42nd Amendment significantly curtailed the powers of the judiciary and centralized authority in the executive. Eg: Limitations on judicial review.

• Press Censorship and Information Blackout: The Emergency witnessed a severe crackdown on press freedom. Media outlets faced strict censorship, and critical reporting of the government’s actions was banned. Eg: The Indian Express publishing a blank editorial in protest.

Lessons that were learnt and checks and balances put in place to prevent a recurrence:

• Constitutional Safeguards: Later, the newly formed Janata government brought about 43rd and 44th amendments in 1977 and 1978 respectively to restore the earlier constitution to some extent. Eg: Written recommendation of the cabinet for national emergency, “armed rebellion” in place of internal disturbance et al.

• Judicial Activism: The Supreme Court evolved the basic structure doctrine to strike down 39th Amendment some parts of the 42nd This paved the way for restoration of democracy. Eg: The landmark Minerva Mills case (1980) established the power of judicial review over proclamations of emergency.

• Parliamentary Oversight: Efforts were made to strengthen parliamentary oversight over the executive branch. Eg: Passage of subsequent amendments by Parliament, Parliamentary committees were empowered.

• Ensuring Fair Elections: Reforms were introduced to make the electoral process more transparent and fairer. Eg: ECI became multi-member body, reforms like Model Code of Conduct were brought in.

• Civil Society and Grassroots Mobilization: The Emergency galvanized civil society, highlighting its role in protecting democracy. Eg: Significance of JP’s Sampoorna Kranti, the post-emergency rise of activist organizations like the People’s Union for Civil Liberties (PUCL).

Conclusion:

The Emergency of 1975-77 serves as a powerful reminder of the need for robust democratic safeguards to prevent the abuse of power. Looking ahead, constant vigilance by citizens, a robust civil society, and strong democratic institutions are essential to prevent a return to such a dark chapter.

Insta Links:

• The Big Picture – Today’s India and Lessons from Emergency

Mains Link:

Q) Under what circumstances can the Financial Emergency be proclaimed by the President of India? What consequences follow when such a declaration remains in force? (UPSC 2018)

Prelims Link:

Q) With reference to the constitution of India, prohibitions 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? (UPSC 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 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)