The emergency of 1975: A dark chapter of India’s history
This article was written by Khushi, a student of Symbiosis Law School, Noida.
Introduction
The year of 1975 was a significant turning point in the history of India as it was the time when our country faced one of the darkest faces in history which is known as the emergency of 1975. The then president of India Fakhruddin Ali Ahmed announced a state of emergency across the country on the recommendation of then prime minister Indira Gandhi. It lasted for a period of 21 months, from 25th June, 1975 to 21st march, 1977, and is, to this date it is one of the highly debatable topics when we talk about our modern history. It is remembered as dark phase because this period was marked by unrestrained state incarceration, suppression of dissent, and government crackdown on civil liberties. Reports emerged of frequent human rights violations and the press faces severe censorship with repressive measures.
Emergency provisions in India
The constitution of India grants the President the authority to declare the three types of emergencies: state, national and financial emergency. The emergency provisions under our constitution have been adapted from the Weimar constitution of Germany and its provisions are discussed under article 352- 360 (part XVIII). The President has the authority to declare three types of emergencies: national emergency (article 352), state emergency (article 356), and financial emergency (article 360).
Imposition of emergency
The ruling of 12 June, 1975 convicting the prime minister Indira Gandhi of electoral malpractice and disqualifying her from holding any electoral post was a contributing factor to the declaration of emergency. Faced with growing opposition and fear of loss of power, she imposed a state of emergency in India, citing the deteriorating law and order situation as the primary reason. The government pointed out concerns regarding national security, emphasizing the just concluded war with Pakistan as a cornerstone of its argument. While many of the congress party members were against this step, few members supported this idea along with her younger son Sanjay Gandhi.
What happened during emergency?
Invoking article 352 of Indian constitution, Indira Gandhi granted herself extraordinary powers. During the emergency, apart from the restrictions on civil liberties, there was a crackdown on civil unions as well. Upon the declaration of emergency, all the fundamental rights enumerated in articles 36, 37, 38, 39, 40, and 42 of Indian constitution were suspended. The rights remained suspended until the emergency is officially revoked. According to the reports, the government prohibited trade union activities, work stoppages by laborers, and implemented fixed wage without any opportunity for additional bonuses. Those workers who protested faced harsh repression. Another contentious aspect of this era involved Sanjay Gandhi’s mass sterilization program and the sudden demolition of slums for the purported ‘beautification” of cities often with minimal or no advance notice to the slum residents. Vijayaraje Scindia, Jayaprakash Narayan, Raj Narayan, Morarji Desai, Charan Singh, Lal Krishna Advani, Arun Jaitley, Satyendra Narayan Sinha, Jivatram Kriplani, Atal Bihari Vajpayee, Gayatri Devi, the dowager queen of Jaipur, and various other protest leaders were promptly apprehended and detained during that period. Organization such as Rashtriya Swayamsevak Sangh (RSS) and Jamaat-e-Islami, along with certain political parties, faced bans during the emergency. Notably, there was significant opposition from the RSS and the Sikh Community during this period. Nearly 1,11,000 people were arrested and detained between 1975- 1997 under preventive detention laws. This information was subsequently documented and made public in the report published by Shah commission. According to Amnesty International, 1,40,000 people were arrested and detained without any charge. The independent media in India is considered as the fourth pillar of the democracy. However, during that period, the media’s independence was significantly restricted and exploited for government propaganda, which also had detrimental effects on the democracy. A one more notable incident occurred when renowned singer Kishor Kumar was asked to perform at a political rally, which he declined and in result his songs were prohibited from being broadcast on state media. One of the most draconian laws, Unlawful activity prevention act (UAPA) was also passed during that time.
The end of emergency
The emergency of 1975 came to an end on 21st march, 1977 when then- prime minister Indira Gandhi announced the decision to lift the state of emergency and called for fresh general elections. The emergency which has lasted for 21 months, was officially revoked, and our country resumed the process of restoring democratic norms and civil liberties. Immediately, after its end, prominent newspapers criticized the 21-month period of state oppression in their editorial columns, while scholars emphasized the necessity of amending the constitution to introduce checks and balances, aiming to prevent similar situations in the future. The general elections that followed saw a significant political shift, with the Janta party collision coming to power, and Morarji Desai becoming the prime minister, marking a critical turning point in Indian politics.
What emergency taught?
The emergency taught India that democracy is not be taken for granted and that the vigilant protection of democratic principles is essential. The nation learned that no political power should be allowed to undermine the constitution and the fundamental rights of the citizens. We also saw how a free press and a fair court system are very important. The people showed they are strong and can make change by voting. We also learned that history can teach us important lessons about to keep a fair and free society, and we must remember these lessons.
Conclusion
The emergency of 1975 stands as a stark reminder of the fragility of democratic values in any nation. It was a period of great adversity for India, where the suppression of civil liabilities and the suppression of dissent challenged the very essence of democracy. However, it also serves as a testament to the resilience of the Indian, the power of the united opposition, and the strength of democratic institutions. Even though emergency was a bad phase in India’s history, the lessons we learned from the emergency still guide India in safeguarding its democracy, fairness, and freedom. This ensures that India will not repeat the same mistakes again.
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Great work 👍🏻