National Emergency, 1975

 WHAT

Emergency Provisions are contained in Part Eighteen of the Constitution of India. The President of India has the power to impose emergency rule in any or all the Indian states if the security of part or all of India is threatened by "war or external aggression or armed rebellion".

WHO, WHERE & WHEN

Prime Minister Indira Gandhi declared an emergency across the country for a 21-month period from June 25, 1975, to March 21, 1977. 

WHY

Former PM Indira Gandhi gave three reasons to justify the extreme step -

First, India’s security and democracy was in danger owing to the movement launched by Jayaprakash Narayan.

The second reason cited was that Indira Gandhi was of the opinion that there was a need for rapid economic development and upliftment of the underprivileged.

Third, she warned against the intervention of powers from abroad which could destabilise and weaken India.

HOW

Reasons led to the Emergency

• 1971 - In Parliamentary elections, Indira Gandhi had defeated Raj Narain from the Rae Bareli constituency, who subsequently had filed a petition in the Allahabad High Court accusing Indira Gandhi of electoral malpractices.

• January 1974 - students in Gujarat protested against rising prices of food grains and other essential commodities and corruption in the state government. Major opposition parties joined the protests. This led to the imposition of the President's rule in the state. Demands for fresh elections became intense. Subsequently, elections were held in Gujarat in June 1975, which the Congress lost.

• 1974 - Students in Bihar started a movement to protest against the same issues. Jayaprakash Narayan (JP), who had given up active politics and was involved in social work, lead the movement. This took the issue to a national level.

• June 12, 1975 - Justice Jagmohanlal Sinha found the Prime Minister guilty of misuse of the government machinery during her election campaign and declared her election null and void and also barred her from contesting an election for the next six years. The court, however, gave the Congress 20 days to find a replacement to Gandhi as PM. Indira Gandhi moved the Supreme Court against the verdict. 

• It was alleged that her election agent Yashpal Kapoor was a government servant and that she used government officials for personal election-related work.

• June 24, 1975 - The Supreme Court granted her a partial stay on the High Court order till her appeal was decided and that she could remain an MP but could not take part in the proceedings of the Lok Sabha.

• June 25, 1975 - JP Narayan led a huge political rally in Delhi’s Ramlila ground where he announced a nationwide Satyagraha for Indira Gandhi's resignation. The employees of the Railways too called for a nationwide strike, led by George Fernandes.   

• June 25, 1975 - This fateful night a state of emergency was declared as a government response to the June 25 strike.  

During Emergency

• President Fakhruddin Ali Ahmed declared a state of internal emergency upon the Prime Minister's advice on the night of 25 June 1975, just a few minutes before the clock struck midnight.

• All the powers were concentrated in the hands of the Union government.

• The government restricted the fundamental rights of the citizens during the period.

• All elections were suspended and civil liberties curbed.

• Most political opponents were imprisoned.

• Press was censored. All newspapers needed to get prior approval for the articles to be published.

• Rashtriya Swayamsevak Sangh (RSS) and the Jamait-e-Islami were banned.

• The Constitution was amended in an autocratic manner, particularly in the 42nd amendment.

• An amendment was made declaring that elections of Prime Minister, President and Vice-President could not be challenged in the Court. 

• Sanjay Gandhi, who did not hold any official position at the time gained control over the administration.

• 

  The period saw the shambolic forced mass-sterilization campaign spearheaded by Sanjay Gandhi.