National Emergency

June 25th, 2024 marks the 50th anniversary of the Emergency, a pivotal moment in Indian history when fundamental rights were suspended and political dissent suppressed. This article explores the context, reasons, aftermath, and constitutional provisions related to the Emergency in India.

Reason behind Proclaiming Emergency

• Indira Gandhi, the Prime Minister, faced mounting challenges in the early 1970s, including allegations of electoral malpractice.
• Following a court verdict in June 1975 that found her guilty of electoral malpractice, she faced disqualification from holding any elected office.
• Citing "internal disturbances," President Fakhruddin Ali Ahmed, under Article 352 of the Constitution, declared Emergency on June 25, 1975.
• This decision aimed to curb protests, strikes, and stabilize a nation grappling with economic strain post-war with Pakistan.
• India has witnessed the proclamation of National Emergency three times:
  • 1962 Indo-China War: The first instance was in 1962 during the Indo-China War.
  • 1971 Indo-Pakistan War: The second instance was in 1971 during the Indo-Pakistan War.
  • 1975 Internal Disturbance: The third instance was in 1975, proclaimed by President Fakhruddin Ali Ahmed under advice from Prime Minister Indira Gandhi.

During the Emergency

• The Emergency period from 1975 to 1977 witnessed unprecedented curtailment of civil liberties:
  • Suspension of Fundamental Rights: Freedom of speech, assembly, and movement were suspended.
  • Media Censorship: Strict censorship was imposed on the press.
  • Political Leaders Detained: Opposition leaders and activists were arrested.

Aftermath of the Emergency

• The Emergency was lifted on March 21, 1977, paving the way for General Elections. The Congress Party, led by Indira Gandhi, faced electoral defeat, and the Janata Party, under Morarji Desai, came to power.
• This transition marked a significant shift in Indian politics, emphasizing democratic values and accountability.

Constitutional Provisions: Emergency Types and Legal Framework

The Indian Constitution provides for three types of emergencies under Articles 352 to 360:

Landmark Cases: Judicial Interpretation of Emergency Provisions

• Makhan Singh Vs. State of Punjab: This case dealt with the suspension of Article 19during a National Emergency. The court held that the detention of the petitioner was legal and valid as it was done under a law which was protected by Article 359(1).
• D.M. Jabalpur Vs. Shivkant Shukla: This case is one of the most controversial decisions in the history of the Indian judiciary. The Supreme Court held that during the period of Emergency, a person’s right to not be unlawfully detained (Article 21) can be suspended.
• S.R. Bommai Vs Union of India: This case is a landmark in the history of the Indian Constitution. The Supreme Court laid down the paradigm and limitations within which Article 356 was to operate. It held that the power under Article 356 is a conditioned power and it can be used only when the conditions specified in the Article are existent.