After gaining independence, India established itself as a democratic republic. The Constitution of India guarantees citizens democratic values such as fundamental rights, an independent judiciary, free and fair elections, and freedom of expression. However, there was a period in the history of independent India when serious questions were raised regarding these democratic institutions and rights. This was the period of the national Emergency imposed from June 25, 1975, to March 21, 1977.
Background of the Emergency
The late 1960s and early 1970s were a period of numerous challenges for India. The split in the Congress party in 1969 created a new political landscape in the country. Subsequently, in the 1971 general elections, the then Prime Minister Indira Gandhi achieved a historic victory with the slogan "Garibi Hatao" (Remove Poverty).
India played a pivotal role in the Bangladesh Liberation War of 1971, which significantly boosted the government's popularity. However, in the aftermath of the war, the country had to grapple with serious economic problems..png)
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The economic and political conditions of the 1970s
Rising inflation
The global oil crisis of 1973 led to a sharp rise in the prices of petroleum products internationally. This had a direct impact on India's economy. The prices of essential commodities began to soar, and the general public was distressed by the rising cost of living.
Unemployment
The number of educated youth in the country was rising, yet adequate employment opportunities were not available. Dissatisfaction among the youth began to grow steadily. Numerous student organizations started agitating against the government.
Political instability
Although the government held a majority at the Centre, movements led by opposition parties and student organizations were steadily intensifying in the states. The opposition was mobilizing public support against the government, characterizing it as authoritarian.
Indira Gandhi vs. the Opposition
By 1974–75, the conflict between the government and the opposition had intensified significantly.
The government is becoming authoritarian.
Democratic institutions are not being respected.
Corruption is on the rise.
The administration is being politically misused.
Meanwhile, a significant judicial decision further aggravated the political crisis.
Raj Narain challenged Indira Gandhi's victory in the 1971 Lok Sabha elections. On June 12, 1975, the Allahabad High Court set aside Indira Gandhi's election on the grounds of electoral irregularities and barred her from contesting elections.
Declaration of National Emergency (25 June 1975)
Against this backdrop, on the night of June 25, 1975, acting on the advice of Prime Minister Indira Gandhi, the then President Fakhruddin Ali Ahmed proclaimed a national emergency under Article 352 of the Indian Constitution on the grounds of "internal disturbance."
Key reasons cited by the government –
The country's internal security was at risk.
Political instability was mounting.
The administrative system was being affected.
Maintaining national unity was essential.
The Opposition's perspective
The opposition termed it the biggest blow to democracy and alleged that the government was imposing an Emergency to save its political power. The Emergency is considered the most controversial phase of Indian democracy.
Key decisions taken during the Emergency
Restrictions on Fundamental Rights
Restrictions were imposed on the exercise of several fundamental rights. The ability of citizens to file petitions in court for the protection of their rights was also severely curtailed.
Arrest of opposition leaders
Many opposition leaders and activists, including Jayaprakash Narayan, Morarji Desai, Atal Bihari Vajpayee, and Lal Krishna Advani, were arrested.
Control over strikes
Various types of strikes and protests were banned. Controls were also imposed on the activities of labor organizations.
Twenty-Point Programme
The government implemented the 20-Point Programme with the aim of economic reform and poverty alleviation; its key objectives were—
Reducing poverty
Land reform
Availability of essential commodities
Control over inflation
Rural development
Increasing production
Family Planning Campaign
During this period, the family planning program was implemented very aggressively. Campaigns associated with Sanjay Gandhi, in particular, faced widespread criticism later on, as allegations of forced sterilization emerged from several places.
Important Facts
Fact Details
Declaration of Emergency 25 June 1975
Provisions Invoked Article 352
Grounds Internal Disturbance
President Fakhruddin Ali Ahmed
Prime Minister Indira Gandhi
Revocation 21 March 1977
Major Movements Gujarat Nav Nirman Movement, Bihar Movement, Total Revolution Movement
Impact on fundamental rights and freedom of the press
During the Emergency (1975–1977), Indian democracy was most significantly affected in terms of Fundamental Rights and freedom of the press.
Restrictions on Fundamental Rights
Following the imposition of the Emergency, the exercise of several fundamental rights of citizens was suspended. The government argued that it was necessary to temporarily restrict certain rights in order to maintain the country's internal security and law and order.
Widespread use of MISA
Under the Maintenance of Internal Security Act (MISA), the government had the authority to detain individuals without trial.
During the Emergency, thousands of opposition leaders, journalists, student leaders, and social activists were arrested under this very law.
Censorship on freedom of the press
Government censorship of the press was imposed during the Emergency. Newspapers had to obtain permission from government officials before publication.
Major restrictions imposed on the press—
News reports critical of the government could not be published.
Many news items concerning the opposition were suppressed.
Controls were imposed on political cartoons, articles, and editorials.
Radio and television were already under government control.
At that time, many newspapers opposed the censorship, while others complied with government directives.
Important Constitutional Amendments
Several significant amendments were made to the Constitution during and after the Emergency. These amendments are considered extremely important in the history of Indian democracy.
38th Constitutional Amendment Act, 1975
Virtually excluding the emergency proclaimed by the President from judicial review.
The "satisfaction of the President" regarding the emergency was deemed final.
39th Constitutional Amendment Act, 1975
The 39th Constitutional Amendment Act, 1975, was a significant amendment to the Indian Constitution, passed during the Emergency. Its primary objective was to remove disputes concerning the elections of the President, Vice-President, Prime Minister, and Speaker of the Lok Sabha from the jurisdiction of ordinary courts.
Key Provisions-
Article 329A was inserted into the Constitution.
Disputes concerning the elections of the President, Vice-President, Prime Minister, and Speaker of the Lok Sabha were removed from the jurisdiction of ordinary courts.
Decisions regarding such elections were to be made in accordance with special laws enacted by Parliament.
The amendment was made applicable retrospectively to past elections as well, thereby providing legal protection to the election of the then Prime Minister.
judicial review-
Later, in the case of *Indira Nehru Gandhi v. Raj Narain*, the Supreme Court of India declared those provisions of the 39th Constitutional Amendment unconstitutional that sought to abolish judicial review. The Court clarified that judicial review and free and fair elections are part of the "Basic Structure" of the Indian Constitution and cannot be abolished.
42nd Constitutional Amendment Act, 1976
The 42nd Constitutional Amendment Act, 1976, is considered the most comprehensive and significant amendment in the history of the Indian Constitution. It was passed during the Emergency (1975–1977). Due to the amendments made to numerous articles of the Constitution, it is also referred to as the "Mini Constitution."
Background of the 42nd Constitutional Amendment
After the imposition of the Emergency in 1975, the Central Government decided to make extensive amendments to the Constitution. The government believed that changes to the Constitution were necessary to implement social and economic transformations rapidly.
Key features of the 42nd Constitutional Amendment
Amendment to the Preamble of the Constitution
Three new words were added to the Preamble by the 42nd Amendment—
Socialist
Secular
Integrity
Fundamental Duties were added.
Part IV-A was added to the Constitution by the 42nd Amendment, and 10 fundamental duties of citizens were incorporated under Article 51A (an 11th duty was subsequently added by the 86th Constitutional Amendment, 2002).
Expansion of Parliament's powers
This amendment further expanded the powers of Parliament.
An attempt was made to strengthen Parliament's amending power.
An attempt was made to limit the judicial review of constitutional amendments.
Impact on the powers of the judiciary
The 42nd Amendment attempted to curtail certain powers of the Supreme Court and the High Courts.
The primary objective was to prevent courts from easily declaring laws enacted by Parliament unconstitutional.
However, the judiciary later reviewed these provisions based on the 'Basic Structure' doctrine.
44th Constitutional Amendment Act, 1978
The 44th Constitutional Amendment Act, 1978, is a highly significant constitutional amendment in the history of Indian democracy. This amendment was enacted by the Janata Party government following the experiences of the Emergency (1975–1977). Its primary objective was to safeguard the fundamental rights of citizens, strengthen democratic institutions, and minimize the possibility of the misuse of the Emergency provision in the future.
Background of the 44th Constitutional Amendment –
During the Emergency imposed between 1975 and 1977, there was widespread debate regarding civil liberties, freedom of the press, and the role of the judiciary. In the 1977 general election, the people brought about a democratic change of power, and the Janata Party government was formed.
Key features of the 44th Constitutional Amendment
The most significant provision of the 44th Amendment related to the national emergency.
In Article 352, the term "internal disturbance" was replaced with "armed rebellion."
This made it impossible to declare a national emergency solely on the grounds of general political instability.
Greater importance attached to Parliamentary approval
It was made mandatory to obtain Parliament's approval following the declaration of an emergency.
If Parliament does not grant approval, the emergency will automatically lapse.
Better protection of fundamental rights
The 44th Amendment further strengthened civil liberties.
Specifically—
Article 20 (Protection in respect of conviction for offences)
Article 21 (Right to life and personal liberty)
These rights cannot be suspended even during a national emergency. This is considered a vital safeguard for Indian democracy.
The 1977 General Election and the Restoration of Democracy
In January 1977, Prime Minister Indira Gandhi announced that Lok Sabha elections would be held. The general elections held in March 1977 are considered among the most significant elections in the history of independent India.
Challenges Faced by the Janata Party Government
Keeping together parties with diverse ideologies.
Resolving economic problems.
Reviewing decisions made during the Emergency.
Restoring public trust in democratic institutions.
The Janata Party government could not last long due to internal differences.
Important Facts –
Subject Fact
Declaration of National Emergency 25 June 1975
Revocation 21 March 1977
Prime Minister Indira Gandhi
President Fakhruddin Ali Ahmed
Major Movements Gujarat Nav Nirman, Bihar Movement, Total Revolution
Key Leader Jayaprakash Narayan
42nd Amendment 1976 (Mini-Constitution)
44th Amendment 1978 (Strengthened democratic safeguards)
1977 Elections Formation of the first non-Congress government
First non-Congress Prime Minister Morarji Desai
Important Movements
Gujarat Nav Nirman Andolan (1974)
Point Details
Name of the Movement Gujarat Nav Nirman Andolan
Year 1974
Origin Student movement
Key Causes Inflation, corruption, hike in hostel fees
Chief Minister at the time Chimanbhai Patel
Outcome Resignation of the Chief Minister and dissolution of the Legislative Assembly
Significance Inspired the Bihar Movement and the national opposition movement
Bihar Student Movement (1974)
The Bihar Student Movement was a significant democratic mass movement that began in 1974. It originated with students protesting against issues such as inflation, unemployment, corruption, and the state of the education system.
Later, this movement spread across the entire state and evolved into a major political movement at the national level. Subsequently, it played a significant role in setting the stage for the National Emergency of 1975.
Total Revolution
It was a significant social and political movement in the history of Indian democracy, led by the renowned socialist leader Jayaprakash Narayan (JP) in 1974.
"Sampoorna Kranti" (Total Revolution) signifies peaceful, democratic, and ethical transformation across every sphere of society. Its objective was to make democracy more accountable, transparent, and people-centric.
Important Facts –
Point Details
Name of the movement Total Revolution (Sampoorna Kranti)
Year 1974
Key leader Jayaprakash Narayan (JP)
Primary basis Bihar Student Movement
Main objective Comprehensive reform in politics, society, education, the economy, and administration
Nature of the movement Non-violent and democratic
Key impact Opposition unity, democratic awareness, and the backdrop to the Emergency
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