A state of emergency is a governmental declaration which suspends a few normal functions of the executive, legislative and judicial powers, alerts citizens to change their normal behaviours, or orders government agencies to implement emergency preparedness plans. It can also be used for suspending rights and freedoms, even if guaranteed under the constitution. Emergency is declared during a time of natural or man-made disaster, during periods of civil unrest, or following a declaration of war or situation of international or internal armed conflict. It may include right to detention without trials for period up to 48 hours.
The Indian Emergency of 26 June 1975 – 21 March 1977 was a 21-month period, when President Fakhruddin Ali Ahmed, upon request by Prime Minister Indira Gandhi, declared a state of emergency under Article 352 of the Constitution of India, effectively bestowing on her the power to rule by decree, suspending elections and civil liberties. Lok Nayak Jayaprakash Narayan, a scholar of law, called it one of India's "blackest hours".
Many events led to emergency. Opponents had long made allegations that Gandhi's party, Congress, had practiced electoral fraud to win the 1971 elections. Congress was defeated in Gujarat by Janata Party, and even faced an all-party, no-confidence motion in Parliament. Raj Narain, who had been defeated in parliamentary election by Indira Gandhi, lodged cases of election fraud and use of state machinery for election purposes against Gandhi in the Allahabad High Court. On 12 June 1975, the Allahabad High Court found the Prime Minister guilty on the charge of misuse of government machinery for her election campaign. The court declared her election null and void and unseated her in the Lok Sabha. The court also banned her from contesting any election for an additional six years. Serious charges such as bribing voters and election malpractices were dropped. The Government cited threats to national security, as a war with Pakistan had recently been concluded. Additional challenges of drought and the 1973 oil crisis left the economy was in bad shape. The strikes and protests had paralyzed the government and hurt the economy of the country greatly. Hence, on 25 June 1975, emergency was declared, censorship imposed and opposition leaders were arrested. Indira Gandhi devised a '20-point' economic program to increase agricultural and industrial production, improve public services and fight poverty and illiteracy. during this period.
On 5 August 1975, the Maintenance of Internal Security Act bill was approved by the parliament, giving the administration and Indian law enforcement agencies super powers - indefinite "preventive" detention of individuals, search and seizure of property without warrants, and wiretapping - in the quelling of civil and political disorder in India, as well as countering foreign-inspired sabotage, terrorism, subterfuge and threats to national security.
Criticism and accusations of the Emergency-era may be grouped as:
The Sikhs believed that the democratic structure stands on three pillars, namely a strong opposition, independent judiciary and free press, and emergency has destroyed all these essentials. Hence they started opposing. About 140,000 people had been arrested without trial during the twenty months of Gandhi's Emergency, of which 40,000 were Sikhs.
Rashtriya Swayamsevak Sangh(RSS), which was seen close to opposition leaders, and with its large organizational base was seen potential of organizing protests against the Government, was also banned. The RSS defied the ban and thousands participated in Satyagraha against the ban and against the curtailment of fundamental rights. Later, the volunteers of the RSS formed underground movements for the restoration of democracy.
Other major events during emergency were:
On January 23, 1977, Gandhi called fresh elections for March and released all political prisoners. On 22 March 1977, the Janata Party gained absolute majority in elections. The Emergency officially ended on March 23, 1977.
The Indian Emergency of 26 June 1975 – 21 March 1977 was a 21-month period, when President Fakhruddin Ali Ahmed, upon request by Prime Minister Indira Gandhi, declared a state of emergency under Article 352 of the Constitution of India, effectively bestowing on her the power to rule by decree, suspending elections and civil liberties. Lok Nayak Jayaprakash Narayan, a scholar of law, called it one of India's "blackest hours".
Many events led to emergency. Opponents had long made allegations that Gandhi's party, Congress, had practiced electoral fraud to win the 1971 elections. Congress was defeated in Gujarat by Janata Party, and even faced an all-party, no-confidence motion in Parliament. Raj Narain, who had been defeated in parliamentary election by Indira Gandhi, lodged cases of election fraud and use of state machinery for election purposes against Gandhi in the Allahabad High Court. On 12 June 1975, the Allahabad High Court found the Prime Minister guilty on the charge of misuse of government machinery for her election campaign. The court declared her election null and void and unseated her in the Lok Sabha. The court also banned her from contesting any election for an additional six years. Serious charges such as bribing voters and election malpractices were dropped. The Government cited threats to national security, as a war with Pakistan had recently been concluded. Additional challenges of drought and the 1973 oil crisis left the economy was in bad shape. The strikes and protests had paralyzed the government and hurt the economy of the country greatly. Hence, on 25 June 1975, emergency was declared, censorship imposed and opposition leaders were arrested. Indira Gandhi devised a '20-point' economic program to increase agricultural and industrial production, improve public services and fight poverty and illiteracy. during this period.
On 5 August 1975, the Maintenance of Internal Security Act bill was approved by the parliament, giving the administration and Indian law enforcement agencies super powers - indefinite "preventive" detention of individuals, search and seizure of property without warrants, and wiretapping - in the quelling of civil and political disorder in India, as well as countering foreign-inspired sabotage, terrorism, subterfuge and threats to national security.
Criticism and accusations of the Emergency-era may be grouped as:
- Detention of people by police without charge or notification of families
- Abuse and torture of detainees and political prisoners
- Use of public and private media institutions, like the national television network Doordarshan, for government propaganda
- Forced sterilization initiated by Sanjay Gandhi.
- Destruction of the slum and low-income housing in the Turkmen Gate and Jama Masjid area of old Delhi.
- Large-scale and illegal enactment of laws (including modifications to the Constitution).
The Sikhs believed that the democratic structure stands on three pillars, namely a strong opposition, independent judiciary and free press, and emergency has destroyed all these essentials. Hence they started opposing. About 140,000 people had been arrested without trial during the twenty months of Gandhi's Emergency, of which 40,000 were Sikhs.
Rashtriya Swayamsevak Sangh(RSS), which was seen close to opposition leaders, and with its large organizational base was seen potential of organizing protests against the Government, was also banned. The RSS defied the ban and thousands participated in Satyagraha against the ban and against the curtailment of fundamental rights. Later, the volunteers of the RSS formed underground movements for the restoration of democracy.
Other major events during emergency were:
- 26 September 1975: The Thirty-ninth Amendment, placing election of Prime Minister beyond the scrutiny of judiciary, is approved.
- 9 January 1976 : The government suspends seven freedoms guaranteed by Article 19 of the Constitution of India.
- 4 February 1976 : The Lok Sabha's life is extended by one year.
- 2 November 1976 : The Lok Sabha passes the Forty-second Amendment, making India a socialist secular republic and laying down the fundamental duties of its citizens.
- 18 January 1977 : The President dissolves the Lok Sabha.
On January 23, 1977, Gandhi called fresh elections for March and released all political prisoners. On 22 March 1977, the Janata Party gained absolute majority in elections. The Emergency officially ended on March 23, 1977.
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