EMERGENCY OF 1975

The Emergency is often considered one of the darkest periods in Indian democracy, as it curtailed civil liberties and transitioned India from a liberal democracy to autocratic rule.

Reasons for the Emergency

1. Economic Issues:
   • Bangladesh Crisis: India’s support for the independence of Bangladesh strained its foreign reserves.
   • Food Crisis: In 1972 and 1973, successive monsoon failures led to severe shortages of food and a rise in fuel prices.
   • Unemployment: Widespread unemployment and economic contraction fueled industrial strife and led to strike waves across the country.
2. Judiciary’s Executive Tussle:
   • Kesavananda Bharati Case: Indira Gandhi’s government amended the constitution to limit fundamental rights, giving more focus to Directive Principles of State Policy (DPSPs). However, the Supreme Court ruled in the Kesavananda Bharati case that fundamental features of the constitution could not be amended.
   • Seniority in SC: After the Supreme Court decision, the government altered the precedent of naming the senior-most judges as Chief Justices.
   • Raj Narain Verdict: In a case contesting Indira Gandhi’s election to the Lok Sabha, the Allahabad High Court ruled in favor of Socialist leader Raj Narain and invalidated Gandhi’s election due to misuse of authority.
3. Navnirman Andolan in Gujarat:
   • Protest against fee hike: In December 1973, students of L.D. College of Engineering in Ahmedabad began a strike to protest against a hike in school fees. Later, students of Gujarat University joined the protests.
   • Escalation of Protest: The protests against the Gujarat government escalated, drawing in factory workers and people from various sectors. Protests turned violent, with clashes between protesters and the police. By February 1974, the central government was forced to intervene.
4. The Railways’ Protest in 1974 – Bihar:
   • Railway Strike: Led by socialist leader George Fernandes, a nationwide railway strike paralyzed the country in May 1974, affecting the movement of goods for three weeks.
   • Government Response: Indira Gandhi’s government responded harshly, arresting thousands of employees and driving their families out of their quarters. There were militant demonstrations in several towns, and in some cases, the army was called in to maintain peace

1. J.P. Movement:
   • Culmination of Unrest: By 1974, students in Gujarat were protesting the rising prices of essential commodities such as food grains and cooking oil. Similar movements erupted in Bihar, where J.P. Narayan called for a “Sampoorna Kranti” or Total Revolution.
   • Call for Sampoorna Kranti: This movement, led by J.P. Narayan, aimed to protect democracy from the authoritarian rule of Indira Gandhi.

Arguments behind the Emergency (Provided by Indira Gandhi)

• Declaration of Emergency: The Emergency was declared by Indira Gandhi’s government in 1975 and lasted for 21 months.
• Quantum of Crackdown: Historian Coomi Kapoor noted that the number of people imprisoned during the Emergency was far higher than those jailed during the Quit India Movement of 1942.
• Justification Given: Three primary justifications were provided for the drastic measures:
  • JP Movement: Indira Gandhi claimed that India’s security and democracy were in danger due to the movement led by Jayaprakash Narayan.
  • Economic Development: Gandhi argued that rapid economic development and upliftment of the underprivileged were necessary, and the Emergency would help ensure it.
  • Foreign Power Intervention: She warned about the threat of intervention from foreign powers that could destabilize India.
• Repeal of the Emergency: In January 1977, Indira Gandhi called for fresh elections, despite not gauging the mood of the people. All political prisoners were released, and the Emergency was officially lifted on 21 March 1977.

Expectations from the Emergency

• Government: Indira Gandhi’s government announced a 21-point program and declared its determination to implement it.
  • Twenty-Point Programme: This program included reforms such as land redistribution, review of agricultural wages, land reforms, the eradication of bonded labor, and workers’ participation in management.
• Urban Middle Class: Initially, the urban middle class was supportive of the Emergency, as it brought an end to agitations and enforced discipline on government employees.
• Poor Section: The poor and rural population expected the effective implementation of welfare programs promised by the government.
• Differing Viewpoints: Different sections of society had varying expectations from the Emergency, reflecting the mixed reactions across Indian society.

Impact on Indian Democracy

• Highlighted Loopholes: The Emergency highlighted the fault lines in the Indian democratic system that could be manipulated to impose authoritarian rule.
• 42nd Constitutional Amendment Act (CAA): Passed in 1976 during the Emergency, this amendment functioned as a mini constitution. It strengthened the Union executive and further centralized power in the government.
• Purposes of the Amendment:
  • Exclude the judiciary from election controversies entirely.
  • Strengthen the central government in relation to the state governments.
  • Provide socially transformative legislation with judicial immunity.
  • Minimize judicial intervention in legislative matters. The amendment prevented any challenge to its provisions in court and restricted Parliament’s power to amend the Constitution.

Misuse of Power During the Emergency

1. On the Press:
   • Disconnect of Newspapers: Electricity to newspaper houses was cut off, preventing them from printing.
   • Press Censorship: The government imposed strict censorship, requiring newspapers to get government approval before publishing any content.
2. Political Misuse:
   • Arrest of Opposition Leaders: The government used preventive detention to arrest opposition leaders and political workers.
   • Suspension of Fundamental Rights (FR): Fundamental rights, particularly the right to seek a judicial remedy, were suspended, leaving people with no recourse to the courts.
   • Banned Protests: Protests, strikes, and public agitations were banned during the Emergency.
   • Human Rights Violations: Numerous instances of human rights violations occurred, including curfews and arbitrary detentions without trial.
3. Social Misuse:
   • Ban on Organizations: Religious and cultural organizations like the RSS and Jamait-e-Islami were banned for allegedly disturbing social and communal harmony.
   • Oppression of People: Custodial deaths, forced relocation of the poor, and compulsory sterilization campaigns were notable human rights abuses during this period. For example, slums in Delhi were destroyed under the guise of controlling the population.

Shah Commission of Inquiry

In May 1977, after the Emergency was lifted, the Janata Party government appointed the Shah Commission of Inquiry, led by Justice J.C. Shah, to investigate the abuses of authority and excesses committed during the Emergency. The Commission looked into the malpractices that occurred between 25 June 1975 and the lifting of the Emergency in March 1977.

Findings of the Shah Commission

• Arrests: It was estimated that over 1,11,000 people were arrested under preventive detention laws during the Emergency.
• Press Restrictions: Press freedom was severely curtailed, often without any legal basis for the restrictions imposed.
• Lack of Authority: The report mentioned that the General Manager of the Delhi Power Supply Corporation was ordered to cut off electricity to newspaper presses following directives from the Lt. Governor of Delhi at 2:00 a.m. on 26 June 1975.
• Turkman Gate Incident: Large-scale displacement occurred in Delhi’s poorer localities, where people living in jhuggis (slums) were forcibly relocated. In Turkman Gate, one such forced relocation led to significant human suffering, with families being moved to barren areas across the Yamuna River.
• Custodial Death of Rajan: On 1 March 1976, P. Rajan, a student at the Calicut Engineering College, Kerala, was taken from his hostel and tortured in custody. His father, T.V. Eachara Warrior, tried to save him, but Rajan died in custody. His case became a symbol of the excesses during the Emergency.
• Political Pressure on Administration: The Shah Commission reported that both the administration and the police had become vulnerable to political pressure during the Emergency, contributing to widespread abuses.

Post-Emergency Effects

1. 44th Constitutional Amendment Act (CAA):
   • The misuse of power during the Emergency acted as a wake-up call, leading to constitutional safeguards through the 44th Constitutional Amendment.
   • Ground for Emergency Declaration: The term “internal disturbance” was replaced with “armed rebellion” as the condition for declaring a national emergency.
   • Written Order Requirement: The President can declare a national emergency only with the written recommendation of the Cabinet.
   • Empowerment of the President: The President is empowered to send back the Cabinet’s advice for reconsideration once.
   • Fundamental Rights (FR): The fundamental rights guaranteed by Articles 20 and 21 (protection of life and personal liberty) cannot be suspended, even during an Emergency.
   • Press Protection: The press received constitutional protection to report on the proceedings of Parliament and state legislatures.
2. Other Procedural Safeguards:
   • Passing of Resolution: The Emergency proclamation must be approved by a resolution of both Houses of Parliament within one month (instead of two months), and the majority required for approval was increased.
   • Approval by Resolution: For continuation, the Emergency needs approval every six months.
   • Repeal Procedure: The Emergency proclamation can be repealed by a simple majority in the Lok Sabha.
   • Special Meeting: A special meeting of the Lok Sabha to disapprove the Emergency can be convened if demanded by 10% or more of its members.
3. Judiciary’s Response:
   • The judiciary learned its lessons from the Emergency, especially after the Supreme Court ruling that extreme actions by the government under the Emergency were legal. The courts have since taken several steps to uphold democracy:
     • Enlargement of Article 21: The Supreme Court expanded the scope of Article 21 (right to life and liberty) beyond its original framing.
     • ADM Jabalpur Case: The Court later expressed regret over the ADM Jabalpur judgment, acknowledging its violation of fundamental rights.
     • Basic Structure Doctrine: The Supreme Court reinforced the Basic Structure Doctrine, which asserts that certain fundamental principles of the Constitution cannot be amended. This was reiterated in cases like Minerva Mills.
     • Collegium System: The judiciary developed the collegium system for appointing judges to uphold judicial independence.
     • PIL (Public Interest Litigation): To uphold democratic rights, the judiciary introduced PILs (Public Interest Litigations) in 1980.

Conclusion

The 1975 Emergency is considered the darkest phase in India’s democratic history. It highlighted the dangers of absolute power being concentrated within the government. However, it also served as a reminder that the citizens are the ultimate arbiters of democracy. The 44th Constitutional Amendment and reforms within the judiciary helped restore faith in India’s democratic institutions and strengthened mechanisms to prevent future abuses of power.