Turmeric Man of Himachal Pradesh

“The President has proclaimed Emergency. There is nothing to panic about.” The words of Prime Minister Indira Gandhi blared from the All India Radio in the wee hours of June 26. 

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.

Announcement of "Constitution Murder Day" / Samvidhan Hatya Diwas

In a significant announcement, the Government of India has designated June 25 as "Constitution Murder Day" to commemorate the severe hardships endured during the Emergency. The government stated, "25th June is declared as 'Samvidhan Hatya Diwas' to pay tribute to all those who suffered and fought against the gross abuse of power during the period of Emergency and to recommit the people of India to not support in any manner such gross abuse of power in the future."

Timeline of Key Events During the 1975 Emergency

• January 1966: Indira Gandhi is elected Prime Minister.
• November 1969: The Congress splits after Gandhi is expelled for violating party discipline.
• 1973-75: Surge in political unrest and demonstrations against the Indira Gandhi-led government.
• 1971: Political opponent Raj Narain lodges a complaint of electoral fraud against Indira Gandhi.
• June 12, 1975: Allahabad High Court finds Gandhi guilty of discrepancies in the electoral campaign.
• June 24, 1975: Supreme Court rules that MP privileges no longer apply to Gandhi. She is barred from voting but allowed to continue as Prime Minister.
• June 25, 1975: Declaration of Emergency by President Fakhruddin Ali Ahmed on the advice of Indira Gandhi.
• June 26, 1975: Indira Gandhi addresses the nation on All India Radio.
• September 1976: Sanjay Gandhi initiates a mass forced sterilization program in Delhi.
• January 18, 1977: Indira Gandhi calls for fresh elections and releases all political prisoners.
• March 23, 1977: Emergency officially ends.

Understanding the "Emergency"

An emergency refers to legal measures in a country's constitution or laws that allow the government to respond quickly to crises like war or rebellion that threaten national stability, security, or sovereignty.

In India, these provisions are outlined in Articles 352 to 360 under Part XVIII of the Indian Constitution, drawing inspiration from Germany's Weimar Constitution.

National Emergencies in India

A National Emergency is a period during which the central government can assume sweeping powers due to crises. India has declared a National Emergency three times:

• 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 most controversial National Emergency, declared due to "internal disturbances," significantly suspending civil liberties.

Reasons for the 1975 Emergency Declaration

• Internal Disturbances: Significant political dissent and protests against Prime Minister Indira Gandhi’s government caused internal instability. For instance, nationwide 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, invalidating her 1971 election victory in the Indira Gandhi vs. Raj Narain case.
• Economic Challenges: Severe economic issues, including high inflation, food shortages, and labor strikes, plagued the country. Examples include strikes and protests by labor unions, such as the 1974 railway workers’ strike.
• National Security Threats: The government claimed threats to national security from both internal and external sources, including tensions from the Cold War and post-liberation conflicts.

The Impact of the 1975 National Emergency in India

Constitutional Changes

Constitution (39th Amendment) Act, 1975:

• Enacted in response to the Allahabad High Court's ruling against Indira Gandhi.
• Excluded disputes involving the President, Vice President, Prime Minister, and Speaker from judicial review.
• Added certain Central Acts to the Ninth Schedule.

Constitution (42nd Amendment) Act, 1976:

• Increased central government and Prime Ministerial power.
• Allowed central forces deployment in states and overrode state laws during emergencies.
• Limited judicial review of laws and amendments.
• Extended the terms of Parliament and state assemblies.
• Permitted laws overriding fundamental rights in cases of anti-national activities.

Constitution (44th Amendment) Act, 1978:

• Addressed imbalances created by the 42nd Amendment and restored fundamental rights.
• Ensured the right to life and liberty under Article 21 could not be suspended during an emergency.
• Reinforced the Supreme Court's authority to review presidential emergency proclamations.
• Required the President to act on the written recommendation of the cabinet before declaring a national emergency under Article 352.

Emergency as a Warning Against Dictatorship

• The 1975-77 Emergency serves as a reminder of the importance of democracy and the dangers of unchecked executive power.
• It highlighted the vulnerability of democratic institutions and led to public cynicism about leadership.

Rise in Advocacy for Rights

• Strict media control stifled dissent and limited information access.
• Grassroots movements and underground press emerged to challenge the government's narrative and advocate for human rights:
• Navnirman Andolan in Gujarat: A youth-led movement advocating for democratic rights and social justice.
• Jayaprakash Narayan Movement in Bihar: A movement calling for social and political reforms.
• George Fernandes-led Railway Strike: Demonstrated worker solidarity and opposition to government policies.

Evolution of Judicial Activism

• The Emergency period highlighted the changing role of judicial activism.
• The ADM Jabalpur case raised concerns about judicial overreach, but subsequent judgments, like habeas corpus petitions and the Menaka Gandhi case, reaffirmed a commitment to fundamental rights.
• These cases paved the way for a stronger system of judicial review in India.

Changes in Political Parties' Attitudes

• The Emergency united previously disparate opposition parties, emphasizing the importance of a strong opposition in a democracy.
• Political parties became more cautious about resorting to similar measures in the future, valuing democratic processes.

Criticism: The Darkest Phase of Post-Independent India

1. Suspension of Civil Liberties:
• Fundamental rights, including freedom of speech and expression, were suspended.
2. Arbitrary Arrests and Detentions:
• Thousands of opposition leaders, activists, and dissidents were detained without trial.
• Key political figures such as Jayaprakash Narayan and Morarji Desai were imprisoned under the Maintenance of Internal Security Act (MISA).
3. Human Rights Violations:
• The Emergency witnessed a disregard for human rights.
• The mass sterilization program, targeting low-income populations, was coercive and unethical.
4. Centralization of Power:
• The 38th and the 42nd Amendments significantly curtailed the powers of the judiciary and centralized authority in the executive.
• Limitations on judicial review.
5. 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.
• The Indian Express published a blank editorial in protest.

Conclusion

The 1975 National Emergency had a significant impact on India's constitutional framework, democratic institutions, and civil liberties. It serves as a crucial lesson on the importance of protecting democratic principles and the rule of law.