The imposition of National Emergency in 1975 – 77 remains one of the most crucial moments in India’s democratic history. Critically examine the constitutional provisions that enabled it, its implications.

The National Emergency declared on June 25, 1975 remains a watershed moment in India’s constitutional and democratic history. Invoking Article 352 on grounds of “internal disturbance”, the Emergency led to the suspension of civil liberties, press censorship, mass arrests, and authoritarian governance.

Constitutional Provisions Enabling the Emergency:

The Indian Constitution provides emergency provisions under Part XVIII (Articles 352 to 360):

1. Article 352 – National Emergency: Allows the President to declare Emergency when India’s security is threatened by war, external aggression, or internal disturbance (later changed to “armed rebellion” by the 44th Amendment).
2. Article 359: Permitted the suspension of the right to move courts for enforcement of Fundamental Rights, especially Articles 14, 19, 21, and 22.
3. 38th Amendment Act (1975): Made Emergency proclamations by the President non-justiciable, effectively removing judicial scrutiny.
4. 42nd Amendment Act (1976):
   1. Gave primacy to Directive Principles over Fundamental Rights.
   1. Curtailed the powers of judiciary and gave Parliament unchecked power to amend the Constitution.
   1. Allowed Central control over states, weakening federalism.

Implications of the Emergency:

1. Suspension of Civil Liberties: Fundamental rights under Articles 14, 19, and 21 were suspended. Over 1,00,000 individuals were detained under Maintenance of Internal Security Act (MISA) without trial.
2. Media Censorship: Pre-censorship of newspapers was enforced. Notably, The Indian Express and The Statesman left editorials blank in protest.
3. Political Repression: Dissent was brutally suppressed, and democratic institutions were sidelined. Opposition leaders like Jayaprakash Narayan, Morarji Desai, Atal Bihari Vajpayee, and L.K. Advani were jailed.
4. Judicial Subservience: In ADM Jabalpur v. Shivkant Shukla (1976), the SC ruled that the right to life could be suspended during Emergency. Only Justice H.R. Khanna dissented, later superseded for Chief Justice.
5. Coercive Family Planning Drive: Over 6 million sterilizations were performed, often through force, leading to massive public resentment.
6. Political Fallout: Congress suffered a historic defeat in the 1977 general elections. The Janata Party came to power, reflecting people’s rejection of authoritarianism.

Lessons Learnt from the Emergency:

1. Limits to Executive Power: The concentration of power in the hands of one leader exposed the danger of executive overreach. The PM must remain accountable to constitutional principles.
2. Judicial Independence is Essential: The Emergency period exposed judiciary’s vulnerability. Subsequent judgments like Maneka Gandhi v. Union of India (1978) and Minerva Mills v. Union of India (1980) reaffirmed Article 21 and the judicial review of emergency.
3. Strengthening Federalism: Excessive centralization was corrected through judicial and political means. Later judicial review of Article 356 in S.R. Bommai v. Union of India (1994) helped limit misuse of President’s Rule.
4. Media and Civil Society Vigilance: The role of media and public opinion became critical post-Emergency. L.K. Advani’s remark “You were asked to bend, but you crawled” highlighted the need for media independence.
5. Legal Reforms for Democratic Safeguards: 44th Amendment Act (1978) restored faith in democracy. It
   1. Restricted Emergency powers.
   1. Made Article 21 non-suspendable even during Emergency.
   1. Proclamation now requires written recommendation of the Council of Ministers.
   1. Parliament’s term extension limited to 1 year during Emergency.
6. Democratic Resilience: The ballot became the ultimate check on power in 1977, reinforcing democracy’s self-correcting mechanism.

Conclusion:

The Emergency period served as a “vaccine against dictatorship”, strengthening India’s commitment to democracy, civil liberties, and the rule of law. The constitutional and judicial corrections in its aftermath underscore the resilience and adaptability of Indian democracy.

‘+1’ Value addition:

• Emergency declared three times so far:
• 1962 – Indo-China War: National Emergency declared due to external aggression during the Sino-Indian war.
• 1971 – Indo-Pak War: Emergency imposed again on grounds of external aggression during the war with Pakistan.
• 1975 – 1977 – Internal Emergency: Declared due to internal disturbances, marked by suspension of civil liberties, press censorship, and political arrests.
• The 42^nd Constitutional Amendment Act of 1976 enabled the President to limit the operation of a National Emergency to a specific part of India
• In Bhut Nath Mete Vs State of West Bengal (1974), the Court held that the suspension of fundamental rights under Article 359 does not mean that all legal remedies are barred. Writs can still be filed on grounds of non-compliance with statutory provisions.

https://indianexpress.com/article/explained/explained-emergency-its-lessons-10086542

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