UPSC Issue at a Glance | 50 Years of Emergency: From causes to constitutional implications

What is the issue?

The Emergency was imposed exactly 50 years ago on June 25, 1975. The 21-month period that followed was marked by the suspension of civil liberties, curtailment of press freedom, mass arrests, cancellation of elections, and rule by decree. In this week’s Issue at a Glance, we break down the historical event in terms of its causes, constitutional provisions, and impact from a broader perspective.

(Relevance: UPSC Syllabus General Studies-II: Constitution of India—features, amendments, significant provisions and basic structure, Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure. UPSC aspirants will also find it useful in Essays, and Current affairs for their Personality tests.)

Question 1: What is meant by “the Emergency” in modern Indian political history and what does the Constitution say about emergencies?

In the context of modern Indian Political history the “Emergency” refers to the period from June 25, 1975 to March 21, 1977, during which the government of Prime Minister Indira Gandhi used special provisions in the Constitution to impose sweeping executive and legislative consequences on the country.

However, emergency provisions contained in Part XVIII of the Constitution of India, from Articles 352 to 360, talk about the three different types of emergencies. Notably, these provisions are borrowed from the German Weimar constitution. Let’s understand these legal and constitutional sanctions that the emergency has in India.

Constitutional Provisions related to Emergencies in India

📌Article 352 of the Indian Constitution deals with the “proclamation of emergency”. 

📌Article 353 provides provisions about the “Effect of Proclamation of Emergency”. 

📌Article 354 talks about the “application of provisions relating to the distribution of revenues while a Proclamation of Emergency is in operation”. 

📌Article 355 deals with the “duty of the Union to protect States against external aggression and internal disturbance”. 

📌Article 356 provides “provisions in case of failure of constitutional machinery in States”.

📌Article 357 deals with the “Exercise of legislative powers under Proclamation issued under article 356”. 

📌Article 358 frees the state of all limitations imposed by Article 19 (“Right to freedom”) as soon as an emergency is imposed.

📌Article 359 provides provision with regard to the “suspension of the enforcement of the rights conferred by Part III during emergencies”. 

📌Under Article 360 provisions about the financial emergency are provided. 

How many times has an emergency been imposed in India?

Till now, three times an emergency has been imposed in India:

1. The first time the emergency was imposed was on October 26, 1962, on the grounds of war.

2. The second emergency was imposed on December 3, 1971, on the grounds of war. 

3. The third-time emergency was proclaimed on June 25, 1975, due to an “internal disturbance.”  (Note: This ground of “internal disturbance” was removed by the Constitution (Forty-fourth Amendment) Act, 1978.)

Question 2: How many types of emergencies are recognised by the Indian Constitution?

Various provisions mentioned in Part XVIII of the Constitution provide for three types of emergencies: National Emergency (Articles 352-354, 358-359), President’s rule (Articles 355–357), Financial Emergency (Article 360). 

National Emergency

Under Article 352 of the Constitution, the President may, on the advice of the Cabinet headed by the Prime Minister, issue a proclamation of emergency if the security of India or any part of the country is threatened by “war or external aggression, or armed rebellion”. (Note: In 1975, instead of armed rebellion, the ground of “internal disturbance” was available to the government to proclaim an emergency.) This type of emergency is popularly referred to as a “national emergency”.

President’s Rule 

According to Article 356 (1), if the President, on receipt of a report from the Governor of a State or otherwise, is satisfied that a situation has arisen in which the Government of the State cannot be carried on in accordance with the provisions of this Constitution, the President may by Proclamation—

(a) assume to himself all or any of the functions of the Government of the State and all or any of the powers vested in or exercisable by the Governor or any body or authority in the State other than the Legislature of the State; 

(b) declare that the powers of the Legislature of the State shall be exercisable by or under the authority of Parliament; 

(c) make such incidental and consequential provisions as appear to the President to be necessary or desirable for giving effect to the objects of the Proclamation, including provisions for suspending in whole or in part the operation of any provisions of this Constitution relating to any body or authority in the State.

Financial Emergency 

Article 360 of the Indian Constitution provides for financial emergency. It says, “If the President is satisfied that a situation has arisen whereby the financial stability or credit of India or of any part of the territory thereof is threatened, he may by a Proclamation make a declaration to that effect.”

Question 3: What were the key events that led to the proclamation of the National Emergency in 1975?

Various political and social circumstances in India in 1974 and early 1975 led to the proclamation of the National Emergency. Some of these events were:

📍JP movement: Vikas Pathak writes- “Early in 1974, a student movement called Navnirman (Regeneration) began in Gujarat against the Congress government of Chimanbhai Patel, which was seen as corrupt. As the protests became violent, Patel had to resign and President’s Rule was imposed. Navnirman inspired a students’ movement in Bihar against corruption and poor governance, and the ABVP and socialist organisations came together to form the Chhatra Sangharsh Samiti. The students asked Jayaprakash Narayan, a Gandhian and hero of the Quit India Movement, to lead them. He agreed with two conditions — that the movement would be non-violent and pan-Indian, and aim to cleanse the country of corruption and misgovernance. Thereafter, the students’ movement came to be called the “JP movement”.

Meeting of Opposition leaders Jai Prakash Narayan, Raj Narain, Morarji Desai and LK Advani during the Emergency 1975. (Express Archive)

On June 5, during a speech in Patna’s historic Gandhi Maidan, JP gave a call for “Sampoorna Kranti”, or total revolution. By the end of the year, JP had got letters of support from across India, and he convened a meeting of opposition parties in Delhi.

He travelled across the country in January and February 1975. JP’s rallies invoked the power of the people with the rousing slogan, “Sinhasan khaali karo, ke janata aati hai (Vacate the throne, for the people are coming)”.

📍Railway Strike of 1974: In May 1974, the socialist leader George Fernandes led an unprecedented strike of railway workers that paralysed the Indian Railways for three weeks.

📍Raj Narain verdict: On June 12, 1975, Justice Jagmohanlal Sinha of Allahabad High Court delivered a historic verdict in a petition filed by Raj Narain, convicting Indira Gandhi of electoral malpractice, and striking down her election from Rae Bareli.

On June 12, 1975, the Allahabad High Court convicted Indira Gandhi of electoral malpractice and invalidated her election from Rae Bareli. (Express archive photo)

On appeal, the Supreme Court gave the Prime Minister partial relief — she could attend Parliament but could not vote. Late in the evening of June 25, 1975, President Fakhruddin Ali Ahmed, acting on the advice of the Prime Minister, issued a proclamation of Emergency under Article 352(1) of the Constitution, which at that time empowered him to do so on grounds of threat to the security of the nation from “war or external aggression” or “internal disturbance”. (Note: The Constitution (Forty-fourth Amendment) Act, 1978 subsequently replaced the words “internal disturbance” with “armed rebellion”.)

Question 4: What were the major constitutional implications during and post-1975 National Emergency?

After the national emergency was declared, significant changes occurred in the country since the declaration of emergency converted the federal structure into a de facto unitary one as the Union acquired the right to give any direction to state governments, which, though not suspended, came under the complete control of the Centre. Newspapers were subjected to pre-censorship. UNI and PTI were merged into a state-controlled agency called Samachar. Almost all opposition leaders, including JP, were detained. About 36,000 people were put in jail under the Maintenance of Internal Security Act (MISA).

The national emergency of 1975 brought about numerous changes in various aspects of India’s democracy.  Some of the major constitutional changes made during the national emergency of 1975 were:

📍38th and 39th Constitutional Amendments: With the opposition in jail, Parliament passed The Constitution (Thirty-eighth Amendment) Act that barred judicial review of the Emergency, and The Constitution (Thirty-ninth Amendment) Act placed the election of the President, Vice President, Prime Minister, and Speaker beyond the jurisdiction of courts.

The blank editorial which The Indian Express published on June 27, 1975, in its first edition after the Emergency was declared late on June 25.

📍42nd Constitutional Amendment: The Constitution (Forty-second Amendment) Act made changes to a range of laws, taking away the judiciary’s right to hear election petitions, widening the authority of the Union to encroach on State subjects, gave Parliament unbridled power to amend the Constitution with no judicial review possible, and made any law passed by Parliament to implement any or all directive principles of state policy immune to judicial review.

Do you Know?

During the Emergency, Parliament may by law extend the (five-year) term of Lok Sabha one year at a time, make laws on subjects in the State List, and extend the Union’s executive powers to the states. The President can modify, with parliamentary approval, constitutional provisions on the allocation of financial resources between the Union and states.

Post-emergency 

The emergency was lifted early in 1977 amd the Janata Party — the product of the merger of the Jana Sangh, Congress (O), the socialists and Bharatiya Lok Dal — came to power, and Morarji Desai became India’s first non-Congress PM.  From constitutional amendments to the emergence of a coalition government, the aftermath of the national emergency introduced new social forces and led to the decentralization of power. Some of the major constitutional changes post-emergency were:

Acting President B D Jatti administers the oath of office to PM Morarji Desai on March 24, 1977. (Express Archive)

📍44th Constitutional Amendment: The Janata government reversed many of the constitutional changes effected by the 42nd Amendment Act of 1976. It did not do away with the provision of the emergency, but made it extremely difficult to impose for the future.

It made judicial review of a proclamation of emergency possible again, and mandated that every proclamation of emergency be laid before both Houses of Parliament within a month of the proclamation. Unless it was approved by both Houses by a special majority — a majority of the total strength of the House and not less than two-thirds of the members present and voting — the proclamation would lapse.

The 44th Amendment removed “internal disturbance” as a ground for the imposition of an emergency, meaning that armed rebellion alone would now be a ground, apart from war and external aggression. However, the 44th Amendment left the words ‘secular’ and ‘socialist’, inserted in the Preamble by the 42nd Amendment, untouched.

📍Shah Commission and its report: The Shah Commission, constituted by the Janata government to report on the imposition of the Emergency and its adverse effects, submitted a damning report that found the decision to be unilateral, and adversely affecting civil liberties.

Question 5. What are the constitutional lessons from the 1975 national emergency?

History offers invaluable lessons on how to keep from repeating the mistakes that led to the lowest points in our past. The imposition of the Emergency is one such event in Indian political history that continues to guide present and future generations, given its implications for democracy and the right of citizens to live with dignity.

The lesson from the 1975 emergency is that to protect democracy, it’s necessary to guarantee accountability and rule of law through the independent judiciary, free press, political opposition, and, most importantly, active civil society.

Apurva Vishwanath of The Indian Express writes in “How Indira Gandhi used the Constitution to subvert democracy”- “Democracy is a legal construct that is held together through collective adherence to constitutional requirements that ensure accountability and the rule of law. They are drawn from the functioning of the political Opposition, an independent judiciary, a free press, and a robust civil society.”

Post Read Questions

Prelims

(1) If the President of India exercises his power as provided under Article 356 of the Constitution in respect of a particular State, then ( UPSC CSE 2018)

(a) the Assembly of the State is automatically dissolved.

(b) the powers of the Legislature of that State shall be exercisable by or under the authority of the Parliament.

(c) Article 19 is suspended in that State.

(d) the President can make laws relating to that State.

(2) Which of the following are not necessarily the consequences of the proclamation of the President’s rule in a State? (UPSC CSE 2017)

1. Dissolution of the State Legislative Assembly

2. Removal of the Council of Ministers in the State

3. Dissolution of the local bodies

Select the correct answer using the code given below:

(a) 1 and 2 only

(b) 1 and 3 only

(c) 2 and 3 only

(d) 1, 2 and 3

(3) Which principle among the following was added to the Directive Principles of State Policy by the 42nd Amendment to the Constitution? (UPSC CSE 2017)

(a) Equal pay for equal work for both men and women

(b) Participation of workers in the management of industries

(c) Right to work, education and public assistance

(d) Securing living wages and human conditions of work to workers.

(4) Consider the following statements: (UPSC CSE 2019)

1. The 44th Amendment to the Constitution of India introduced an article placing the election of the Prime Minister beyond judicial review.

2. The Supreme Court of India struck down the 99th Amendment to the Constitution of India as being violative of the independence of judiciary.

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Mains

Under what circumstances can the Financial Emergency be proclaimed by the President of India? What consequences follow when such a declaration remains in force? (UPSC CSE 2018)

Prelims Answer Key

1. (b)            2. (b)        3. (b)            4. (b)

(Sources: Explained: The story of the Emergency, Emergency and its lessons, How Indira Gandhi used the Constitution to subvert democracy, Constitution of India, 49 years of Emergency: Here is what happened over the two years that changed India’s history)

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